In re Joseph Pasquale DeSimone Appeal from 201st District Court of Travis County (memorandum opinion)

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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-22-00555-CV In re Joseph Pasquale DeSimone ORIGINAL PROCEEDING FROM TRAVIS COUNTY MEMORANDUM OPINION Relator Joseph Pasquale DeSimone has filed a petition for writ of mandamus seeking relief from a temporary order rendered in a suit affecting the parent-child relationship (SAPCR) requiring him to pay $108,744.25 in interim attorney’s fees to the attorney for real party in interest Candyce Zook. See Tex. Fam. Code § 109.001(a)(5). A party seeking mandamus relief has the burden of providing this Court with a sufficient record to establish his right to such relief. See Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992); see Tex. R. App. P. 52.7(a) (providing that mandamus record must contain, among other things, “properly authenticated copies” of “any exhibits offered in evidence”). This record does not meet the requirements of Rule 52.7; therefore, this Court lacks a record sufficient to assess the right to mandamus relief. We accordingly deny relief. See Tex. R. App. P. 52.8(a).1 We dismiss as moot DeSimone’s “Emergency Motion to Stay Deadline to Pay Interim Attorney’s Fee Award.” 1 __________________________________________ Thomas J. Baker, Justice Before Justices Goodwin, Baker, and Kelly Filed: October 26, 2022 2

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