Opinion
14-23-00551-CV
08-31-2023
IN RE LOYD LANDON SORROW SENIOR, Relator
ORIGINAL PROCEEDING WRIT OF MANDAMUS 334th District Court Harris County, Texas Trial Court Cause No. 2017-33383
Panel consists of Justices Jewell, Spain, and Wilson (Spain, J., dissenting).
MEMORANDUM MAJORITY OPINION
PER CURIAM
On August 4, 2023, relator Loyd Landon Sorrow Senior filed a petition for writ of mandamus in this court. See Tex. Gov't Code Ann. § 22.221; see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the Honorable Dawn Rogers, presiding judge of the 334th District Court of Harris County, to enforce this court's November 22, 2021 mandate, or for this court to issue the ruling relator claims that respondent should have issued in this underlying case.
Loyd Landon Sorrow, Sr. v. Harris County Sheriff, 622 S.W.3d 496, 506-07, 510 (Tex. App.- Houston [14th Dist.] 2021, pet. denied) (affirming in part, reversing in part, and remanding the case to the trial court for further proceedings limited to Sorrow's claims against the unserved defendants, including any severance of those claims from the summary judgment against the sheriff). On April 19, 2023, relator filed a direct appeal that is pending in this court styled Loyd Landon Sorrow, Sr. v. Harris County Sheriff, et al., No. 14-23-00314-CV.
As the party seeking relief, relator has the burden of providing this court with a sufficient record to establish his right to mandamus relief. See Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992). Relator has not provided this court with a mandamus record from which this court may find that the trial court abused its discretion. See In re Athans, 458 S.W.3d 675, 678 (Tex. App.-Houston [14th Dist.] 2015, orig. proceeding).
Accordingly, we dismiss relator's petition for writ of mandamus without prejudice to his refiling with a complete record.