In Re: Lawrence W. Few--Appeal from of County

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COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

 

IN RE: LAWRENCE W. FEW,

 

Relator.

 

 

 

 

 

 

No. 08-06-00025-CV

 

AN ORIGINAL PROCEEDING

 

IN MANDAMUS

 

MEMORANDUM OPINION

Relator Lawrence W. Few has filed a pro se petition for writ of mandamus, complaining that the trial court is violating his due process rights by not allowing enough funds to be released from his estate in the pending divorce proceeding, thereby denying him his right to retain counsel of his choice in the pending divorce action and in other criminal cases. Further, Relator complains that the trial court has issued discovery sanction orders, which are overly broad, hostile and prejudicial to Relator, and affect his ability to prepare his defense.

Mandamus will only lie to correct a clear abuse of discretion when there is no adequate remedy at law. Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding). To obtain a writ of mandamus, a relator must provide this court with a certified or sworn copy of any order complained of, or any other document showing the matter complained of. Tex. R. App. P. 52.3(j)(1)(A). In his petition, Relator states that he will supplement the petition with the trial court transcripts and the orders as soon as they will give them to me.

Relator must file with the petition:

(1) a certified or sworn copy of every document that is material to the relator s claim for relief and that was filed in any underlying proceeding; and

(2) a properly authenticated transcript of any relevant testimony from any underlying proceeding, including any exhibits offered in evidence, or a statement that no testimony was adduced in connection with the matter complained.

 

Tex. R. App. P. 52.7(a).

After the record is filed, relator or any other party to the proceeding may file additional materials for inclusion in the record.

 

Tex. R. App. P. 52.7(b) (emphasis added).

Relator has not provided a record that demonstrates his entitlement to relief. See Tex. R. App. P. 52.3(j)(1), 52.7(a).

Accordingly, the petition for writ of mandamus is denied.

 

RICHARD BARAJAS, Chief Justice

March 16, 2006

 

Before Barajas, C.J., Chew, and Parks, JJ.

Parks, J., sitting by assignment

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