In Re: William W. Garland--Appeal from of County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

)

) No. 08-02-00350-CV

IN RE: WILLIAM W. GARLAND, )

) AN ORIGINAL PROCEEDING

Relator. )

) IN MANDAMUS

)

O P I N I O N

This is an original proceeding in mandamus. The pro se Relator, William W. Garland (AGarland@), seeks a writ of mandamus from this Court ordering the trial court to act on his motion for preliminary injunction, motion to transfer venue, and motion for expedited hearing on plaintiff=s motion for preliminary injunction. For the reasons stated below, we deny Garland=s petition.

Mandamus is an extraordinary remedy that will not issue unless the relator demonstrates he has no adequate remedy at law and, that the act complained of is ministerial, not discretionary, in nature. Bennett v. Paxson, 932 S.W.2d 81, 82 (Tex.App. El Paso 1996, orig. proceeding). A Aministerial@ act is one which is clearly compelled by the facts and legal authority extant in a given situation. See Buntion v. Harmon, 827 S.W.2d 945, 949 (Tex.Crim.App. 1992).

A party seeking mandamus relief must provide the appellate court with a record containing certified or sworn copies Aof every document that is material to the relator=s claim for relief and that was filed in any underlying proceeding.@ Tex.R.App.P. 52.7. The purpose of this rule is to ensure that the Court has a Asufficient record to establish the relator=s right to mandamus relief.@ Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992).

In this case, Garland has provided the Court with copies of his motion for preliminary injunction, motion to transfer venue, and motion to hold an expedited hearing on his motion for a preliminary injunction. From these documents the Court is unable to determine the nature of the underlying case or what facts are material to the ultimate decision of whether mandamus relief should issue. Garland=s petition for mandamus relief is therefore denied and this cause dismissed for failure to provide the Court with a sufficient record.

October 3, 2002

ANN CRAWFORD McCLURE, Justice

Before Panel No. 2

Barajas, C.J., McClure, and Chew, JJ.

(Do Not Publish)