in Re Adoun Phommivong, Relator
560 S.W.3d 280
| Tex. App. | 2016Background
- Relator Adoun Phommivong filed a petition for writ of mandamus asking the trial judge (Hon. Ana Estevez) to hold a hearing and resolve alleged inaccuracies in the reporter’s record.
- Phommivong also sought a writ of prohibition to prevent the trial court from proceeding to trial in a related criminal proceeding (Motion to Adjudicate Guilt).
- Phommivong’s filings did not cite any legal authority supporting entitlement to mandamus or prohibition relief.
- The court treated failure to cite authority and analyze legal issues as a waiver of the complaints.
- The court declined to perform an independent review of the record or law to find a clear abuse of discretion.
- The court denied both the petition for mandamus and the request for prohibition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Mandamus to compel hearing on motion to correct reporter’s record | Judge refused to hold a hearing; no adequate appellate remedy, so mandamus appropriate | Implied: no entitlement shown; respondent discretion; ordinary appeal adequate | Denied — relator waived argument by failing to cite authority and did not show entitlement |
| Prohibition to bar trial proceedings in related criminal case | Any trial would interfere with this Court’s jurisdiction and prevent determination of reporter’s-record inaccuracies | Implied: proceeding in separate criminal cause does not prevent correction of reporter’s record; no authority shown | Denied — relator waived argument and did not explain how trial would bar relief |
| Waiver for failure to cite legal authority | Relator argued in substance but provided no supporting authorities | Respondent relied on appellate rules and precedent holding failure to cite is waiver | Held that failure to cite authority and analyze law results in waiver; petition denied |
| Requirement to show clear abuse of discretion unavailable on appeal | Relator contended mandamus appropriate because no other remedy exists | Court: petitioner must show clear abuse; court will not independently research law to find such abuse | Denied — relator failed to establish clear abuse that could not be remedied on appeal |
Key Cases Cited
- In re Estate of Taylor, 305 S.W.3d 829 (Tex. App.—Texarkana 2010, no pet.) (failure to cite authority or analyze issues results in waiver)
- Kang v. Hyundai Corp. (U.S.A.), 992 S.W.2d 499 (Tex. App.—Dallas 1999, no pet.) (failure to cite authority constitutes waiver)
- Valadez v. Avitia, 238 S.W.3d 843 (Tex. App.—El Paso 2007, no pet.) (appellate court will not independently review record and law to find clear abuse of discretion)
