Opinion
05-22-00442-CV
07-11-2022
IN RE STEVEN D. CATHCART, Relator
Original Proceeding from the 422nd Judicial District Court Kaufman County, Texas Trial Court Cause No. 98750-422
Before Justices Schenck, Reichek, and Carlyle
MEMORANDUM OPINION
DAVID J. SCHENCK, JUSTICE
Steven D. Cathcart has filed a petition seeking a writ of mandamus to compel the trial court to set for trial his pending constitutional tort case. As the party seeking relief, relator bears the burden to provide the Court with a sufficient record to establish his right to relief. Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) (orig. proceeding). Relator establishes a right to relief by showing that the trial court clearly abused its discretion and that relator lacks an appellate remedy. In re Copart, Inc., 619 S.W.3d 710, 713 (Tex. 2021) (orig. proceeding) (citing In re Prudential Ins. Co., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding)).
In this case, relator has failed to certify his petition. See Tex. R. App. P. 52.3(j). He has also failed to provide a record of certified or sworn documents to support his petition. See Tex. R. App. P. 52.3(k)(1)(A), 52.7(a).
Based on our review of the mandamus record and the petition for writ of mandamus, we conclude relator has failed to demonstrate that the trial court has clearly abused its discretion. Accordingly, we deny the petition for writ of mandamus. See Tex. R. App. P. 52.8(a).