Opinion
05-23-00752-CV
08-10-2023
IN RE KENNETH RAY HALL, Relator
Original Proceeding from the 194th Judicial District Court Dallas County, Texas Trial Court Cause No. F09-52101
Before Justices Molberg, Goldstein, and Breedlove
MEMORANDUM OPINION
MARICELA BREEDLOVE, JUSTICE
In his July 28, 2023 petition for writ of mandamus, relator seeks relief from a trial court's purported failure to rule on his supplemental motion for nunc pro tunc order. Relator makes various other complaints, but it is not clear whether he seeks relief from this Court to address them.
Entitlement to mandamus relief requires relator to show that the trial court clearly abused its discretion and that relator lacks an adequate appellate remedy. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding). When the requested relief is to compel a trial court to rule on a motion, relator must show (1) the trial court had a legal duty to rule on the motion, (2) relator requested a ruling, and (3) the trial court failed or refused to do so within a reasonable time. In re Prado, 522 S.W.3d 1, 2 (Tex. App.-Dallas 2017, orig. proceeding) (mem. op.). It is relator's burden to provide a record sufficient to establish his right to mandamus relief. Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) (orig. proceeding); see also Tex. R. App. P. 52.3(k)(1)(A), 52.7(a)(1).
Relator's petition does not comply with the Texas Rules of Appellate Procedure in numerous respects. See, e.g., Tex.R.App.P. 52.1, 52.3(a)-(k), 52.7(a). For instance, a petition seeking mandamus relief must include a certification stating that the relator "has reviewed the petition and concluded that every factual statement in the petition is supported by competent evidence included in the appendix or record." Tex.R.App.P. 52.3(j). Relator failed to certify his petition.
Additionally, Rule 52.3(k)(1)(A) requires a relator to file an appendix with his petition that contains "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(k)(1)(A). Rule 52.7(a)(1) requires the relator to file with his petition "a certified or sworn copy of every document that is material to the relator's claim for relief that was filed in any underlying proceeding." Tex.R.App.P. 52.7(a)(1). Relator failed to include with his petition any documents material to his claim for relief.
Accordingly, we deny relator's petition for writ of mandamus.