Opinion
No. 06-19-00102-CV
01-16-2020
IN RE RUSTI POULTON
Original Mandamus Proceeding Before Morriss, C.J., Burgess and Stevens, JJ.
MEMORANDUM OPINION
On November 27, 2019, Rusti Poulton (Relator) filed this original proceeding in which she complains of the trial court's order granting defendant's motion for leave to add a third-party defendant. We deny the petition.
After reviewing the record, we conclude that Relator failed to comply with Rule 52.7(a)(1) of the Texas Rules of Appellate Procedure, which states that a relator must file with her petition "a certified or sworn copy of every document that is material to the realtor's claim for relief and that was filed in any underlying proceeding[.]" TEX. R. APP. P 52.7(a)(1) (emphasis added). Although Relator provided various copies of documents from the underlying proceeding, those copies are not sworn to or certified. Accordingly, the mandamus petition fails to provide a complete record as required by Rule 52.7(a)(1) and is, therefore, insufficient to establish that the trial court abused its discretion. See In re Le, 335 S.W.3d 808, 813 (Tex. App.—Houston [14th Dist.] 2011, orig. proceeding) ("Those seeking the extraordinary remedy of mandamus must follow the applicable procedural rules. Chief among these is the critical obligation to provide the reviewing court with a complete and adequate record." (footnote omitted)).
For this reason, we deny Relator's petition for writ of mandamus.
Scott E. Stevens
Justice Date Submitted: January 15, 2020
Date Decided: January 16, 2020