Opinion
No. 05-16-00149-CV No. 05-16-00150-CV
03-04-2016
IN RE DONALD GENE BLANTON, Relator
Original Proceeding from the 86th Judicial District Court Kaufman County, Texas
Trial Court Cause No. 23078-86, 23592-86
MEMORANDUM OPINION
Before Justices Bridges, Myers, and Whitehill
Opinion by Justice Bridges
In this petition for writ of mandamus, relator requests that we order the trial court to either: (a) direct the district attorney to provide relator a "suitable copy" of records he requested from the district attorney on January 5, 2016 or (b) hold a hearing on the writ of mandamus relator filed in the trial court on January 25, 2016 to attempt to obtain copies of those records. Relator's petition is not certified as required by rule 52.3(j) of the rules of appellate procedure. Although this deficiency alone constitutes sufficient reason to deny mandamus relief, in the interest of judicial economy we address the petition.
Ordinarily, to obtain mandamus relief, a relator must show both that the trial court has clearly abused its discretion and that relator has no adequate appellate remedy. In re Prudential Ins. Co., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding). "An original proceeding for a writ of mandamus initiated in the trial court is a civil action subject to trial and appeal on substantive law issues and the rules of procedure as any other civil suit." Dallas Fort Worth Intern. Airport Bd. v. Cox, 261 S.W.3d 378, 382 (Tex. App.—Dallas 2008, no pet.). This court has appellate jurisdiction over such proceedings. Anderson v. City of Seven Points, 806 S.W.2d 791, 792 n.1 (Tex. 1991). Mandamus is not a substitute for appeal. In re Bernson, 254 S.W.3d 594, 596 (Tex. App.—Amarillo 2008, orig. proceeding). Relator has not demonstrated that appeal will not provide an adequate remedy for any challenge to the trial court's ultimate ruling on the petition for writ of mandamus he has filed in the trial court. To the extent that the relator complains that the trial court has not yet ruled on his petition for writ of mandamus, relator's complaint is premature. In re Blakeney, 254 S.W.3d 659, 661 (Tex. App.—Texarkana 2008, orig. proceeding) (noting trial courts are entitled to a reasonable time in which to rule).
We deny the petition.
/David L. Bridges/
DAVID L. BRIDGES
JUSTICE 160149F.P05