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In re Brown

Court of Appeals Fifth District of Texas at Dallas
Feb 26, 2014
No. 05-14-00169-CV (Tex. App. Feb. 26, 2014)

Opinion

No. 05-14-00169-CV

02-26-2014

IN RE PATRICK EDWARD BROWN, Relator


DENY; and Opinion Filed February 26, 2014.

Original Proceeding from the 14th Judicial District Court

Dallas County, Texas

Trial Court Cause No. DC-13-11859


MEMORANDUM OPINION

Before Justices O'Neill, Lang, and Brown

Opinion by Justice O'Neill

Before the Court is relator's petition for writ of mandamus. Relator contends that the trial court clearly abused its discretion in dismissing his case for want of prosecution despite his motion to compel arbitration and his objection to the date of the dismissal hearing. The facts and issues are well known to the parties, so we need not recount them herein. Relator's petition does not comply with Rule 52.3 of the Texas Rules of Appellate Procedure. Relator has failed to provide a certified or sworn copy of the order complained of, has failed to provide an appendix, and has failed to certify that every factual statement in the petition is supported by competent evidence in the record. See TEX. R. APP. P. 52.3(g), (j) & (k). Thus, based on the record before us, the relator has not shown he is entitled to the relief requested. See TEX. R. APP. P. 52.8(a); Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding). Moreover, even taking all of relator's allegations as true, the petition demonstrates that relator has an adequate remedy by appeal. Walker, 827 S.W.2d at 842. Accordingly, we DENY the petition for writ of mandamus.

__________


JUSTICE
140169F.P05


Summaries of

In re Brown

Court of Appeals Fifth District of Texas at Dallas
Feb 26, 2014
No. 05-14-00169-CV (Tex. App. Feb. 26, 2014)
Case details for

In re Brown

Case Details

Full title:IN RE PATRICK EDWARD BROWN, Relator

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Feb 26, 2014

Citations

No. 05-14-00169-CV (Tex. App. Feb. 26, 2014)