Opinion
NO. 09-19-00107-CV
04-18-2019
IN RE MARK ANTHONY PETERSIMES
Original Proceeding 435th District Court of Montgomery County, Texas
Trial Cause No. 02-05-03239-CV
MEMORANDUM OPINION
In this original proceeding, Mark Anthony Petersimes asks this Court to order the trial court to vacate an order sealing documents filed in a civil commitment proceeding. See generally Tex. Health & Safety Code Ann. § 841.143 (West 2017) (certain records filed in a civil commitment proceeding must be sealed); see also Tex. R. Civ. P. 76a.2(a)(2) (excluding from Rule 76a documents in court files to which access is otherwise restricted by law).
Petersimes filed a procedurally defective petition. See Tex. R. App. P. 52.3. Additionally, he failed to certify that he served a copy of the petition on the State as the real party in interest. See Tex. R. App. P. 9.5. We use Rule 2, however, to look beyond these deficiencies to reach an expeditious result. See Tex. R. App. P. 2.
A writ of mandamus is an extraordinary remedy that will issue only to correct a clear abuse of discretion for which the relator has no adequate remedy by appeal. See In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding); Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding). After considering the petition and examining the exhibits contained in the appendix, we conclude that Petersimes has not established that he is entitled to mandamus relief. Accordingly, we deny the petition for a writ of mandamus. See Tex. R. App. P. 52.8(a).
PETITION DENIED.
PER CURIAM Submitted on April 17, 2019
Opinion Delivered April 18, 2019 Before McKeithen, C.J., Kreger, and Horton, JJ.