Opinion
No. 04-08-00148-CV
Delivered and Filed: April 16, 2008.
This proceeding arises out of Cause No., styled 2006-CVQ-001051-D2, pending in the 111th Judicial District Court, Webb County, Texas, the Honorable Raul Vasquez presiding.
Sitting: ALMA L. LÓPEZ, Chief Justice, KAREN ANGELINI, Justice, SANDEE BRYAN MARION, Justice.
MEMORANDUM OPINION
PETITION FOR WRIT OF MANDAMUS DENIED
In a mandamus petition, relators Alert 24 Security, L.L.C., Adelina Balderama Federico, and Jesus Hernandez Alcocer assert that the trial court abused its discretion when it ordered them to produce irrelevant and privileged documents. Mandamus issues to correct a discovery order only when the mandamus record establishes that the order constitutes a clear abuse of discretion and there is no adequate remedy by appeal. In re Colonial Pipeline Co., 968 S.W.2d 938, 941 (Tex. 1998). As the parties seeking mandamus relief, relators have the burden of providing this court with a record sufficient to establish their right to mandamus relief. Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992).
Here, the mandamus record consists of a single document entitled "ADT v. Alert 24 Rulings." The document appears to have been generated by the trial court; however, it is not signed by the trial court. The document references relators' relevance and privilege objections and states that "the [c]ourt hereby grants ADT's Motion to Produce these contracts and orders Alert 24 to produce copies of the same to ADT by February 25, 2008 no later than 5:00 p.m." Further, the document directs counsel to file appropriate orders with the trial court no later than February 20, 2008 so that the trial court "can enter them on record February 25, 2008."
Relators have completely failed to provide this court with a record sufficient to establish their right to mandamus relief. Relators have not provided this court with a certified copy of the challenged discovery order as they are required to do. See Tex. R. App. P. 52.3(j)(1)(A); see also In re Rendon, 2007 WL 3355455 at *1 (Tex.App.-San Antonio 2007, orig. proceeding). Additionally, relators have not provided this court with other documents material to their claim for relief, including the pleadings, discovery motions, requests for production, and written objections central to their mandamus petition. See Tex. R. App. P. 52.7(a)(1). Because relators have not shown themselves entitled to mandamus relief, the petition is denied. See Tex. R. App. P. 52.8(a).