In Re: Reginald Dean--Appeal from 7th District Court of Smith County

NO. 12-02-00383-CV
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS

IN RE: REGINALD DEAN

 
ORIGINAL PROCEEDING
PER CURIAM

Relator Reginald Dean seeks a writ of mandamus directing the 7th District Court of Smith County, Texas to rule on various motions filed in that court. For the reasons set forth below, we deny the writ.

A writ of mandamus will only be issued "to correct a clear abuse of discretion or [a] violation of a duty imposed by law where there is no other remedy by law." Johnson v. Fourth Court of Appeals, 700 S.W.2d 916, 917 (Tex. 1985). A party seeking mandamus relief must generally bring forward all that is necessary to establish the claim for relief. See Tex. R. App. P. 52. This includes providing an adequate record to substantiate the allegations contained in the petition for mandamus. Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992). Without a sufficient record, a party seeking mandamus relief has not proved any entitlement to the writ. Id.

Rule 52.3(j) requires that a mandamus petition include an appendix containing a certified or sworn copy of any order complained of or any other document showing the matter complained of. Tex. R. App. P. 52.7(j)(1)(A). Furthermore, the appendix must also include, unless voluminous or impracticable, the text of any rule, regulation, ordinance, statute, constitutional provision or other law (excluding case law) on which the argument is based. Tex. R. App. P. 52.3(j)(1)(C). Relator's petition does not contain the required appendix, and we are therefore unable to determine whether mandamus relief should issue. Relator's petition for writ of mandamus is therefore denied and this caused dismissed for failure to provide this court with a sufficient record.

Opinion delivered December 31, 2002.

Panel consisted of Worthen, J., and Griffith, J.

Gohmert, Jr., C.J., not participating.

 
(DO NOT PUBLISH)