Opinion
No. 04-09-00604-CV
Delivered and Filed: October 7, 2009.
This proceeding arises out of Cause No. 08-CI-09529, styled In the Interest of S.K., pending in the 408thJudicial District Court, Bexar County, Texas, the Honorable Larry Knoll presiding. However, the order complained of was signed by the Honorable Michael Peden, presiding judge of the 285th Civil District Court, Bexar County, Texas.
PETITION FOR WRIT OF MANDAMUS DENIED.
Sitting: KAREN ANGELINI, Justice, PHYLIS J. SPEEDLIN, Justice, STEVEN C. HILBIG, Justice.
MEMORANDUM OPINION
On September 24, 2009, relator Ana Acevedo filed a petition for writ of mandamus, seeking to compel the trial court to vacate its September 11, 2009 "Order for Issuance of Writ of Attachment." However, relator has the burden of providing this court with a record sufficient to establish her right to mandamus relief. See TEX. R. APP. P. 52.7(a) ("Relator must file with the petition [ ] a certified or sworn copy of every document that is material to the relator's claim for relief and that was filed in any underlying proceeding"); see also TEX. R. APP. P. 52.3(k)(1)(A); Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992). The record only includes the writ of attachment and the order issuing the writ of attachment. The record fails to include the petitions and motions discussed in the petition for writ of mandamus. In addition, relator fails to provide this court with a transcript of the hearing held in the trial court on September 11, 2009.
Based on the record before us, we conclude that relator has not established the trial court abused its discretion. See In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135 (Tex. 2004) (orig. proceeding); Walker, 827 S.W.2d at 839-40. Accordingly, the petition for writ of mandamus is DENIED. TEX. R. APP. P. 52.8(a).