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In re Cathcart

Court of Appeals of Texas, Fifth District, Dallas
Jul 11, 2022
No. 05-22-00442-CV (Tex. App. Jul. 11, 2022)

Opinion

05-22-00442-CV

07-11-2022

IN RE STEVEN D. CATHCART, Relator


Original Proceeding from the 422nd Judicial District Court Kaufman County, Texas Trial Court Cause No. 98750-422

Before Justices Schenck, Reichek, and Carlyle

MEMORANDUM OPINION

DAVID J. SCHENCK, JUSTICE

Steven D. Cathcart has filed a petition seeking a writ of mandamus to compel the trial court to set for trial his pending constitutional tort case. As the party seeking relief, relator bears the burden to provide the Court with a sufficient record to establish his right to relief. Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) (orig. proceeding). Relator establishes a right to relief by showing that the trial court clearly abused its discretion and that relator lacks an appellate remedy. In re Copart, Inc., 619 S.W.3d 710, 713 (Tex. 2021) (orig. proceeding) (citing In re Prudential Ins. Co., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding)).

In this case, relator has failed to certify his petition. See Tex. R. App. P. 52.3(j). He has also failed to provide a record of certified or sworn documents to support his petition. See Tex. R. App. P. 52.3(k)(1)(A), 52.7(a).

Based on our review of the mandamus record and the petition for writ of mandamus, we conclude relator has failed to demonstrate that the trial court has clearly abused its discretion. Accordingly, we deny the petition for writ of mandamus. See Tex. R. App. P. 52.8(a).


Summaries of

In re Cathcart

Court of Appeals of Texas, Fifth District, Dallas
Jul 11, 2022
No. 05-22-00442-CV (Tex. App. Jul. 11, 2022)
Case details for

In re Cathcart

Case Details

Full title:IN RE STEVEN D. CATHCART, Relator

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Jul 11, 2022

Citations

No. 05-22-00442-CV (Tex. App. Jul. 11, 2022)