In In re Pitts, the parties in a case settled and had a special needs trust drafted. No. 05-22-00542-CV, 2022 Tex. App. LEXIS 4143 (Tex. App.—Dallas June 16, 2022, original proceeding). The trial court entered a different trust. The parties filed a petition for writ of mandamus challenging the trust entered by the trial court. The court of appeals denied the mandamus because the parties never requested that the trial court enter the trust that they drafted:
Here, the record does not show that a demand was made to the trial court to withdraw its version of the trust—the act relators request this Court to compel. The record also does not show that relators raised their argument that the trial court abused its discretion by preparing its own version of the trust. See In re Rowes, No. 05-14-00606-CV, 2014 WL 2452723, at *1 (Tex. App.—Dallas May 30, 2014, orig. proceeding) (mem. op.) (noting that “[a] court cannot grant mandamus relief unless the error was raised in the trial court,” and that a party seeking mandamus “must direct the Court to where the argument was presented to the trial court”). Accordingly, we deny the petition for writ of mandamus based on relators’ failure to satisfy the demand requirement for mandamus relief.