Opinion
No. 10-09-00261-CV
Opinion delivered and filed September 23, 2009.
Original Proceeding.
Petition denied.
Before Chief Justice GRAY, Justice REYNA, and Justice DAVIS.
MEMORANDUM OPINION
Relators seek a writ of mandamus compelling Respondent, the Honorable Greg Wilhelm, Judge of the County Court at Law No. 1 of Ellis County, to set aside an oral ruling (1) striking their original petition to be appointed as permanent managing conservators of the child the subject of the suit and (2) denying their motion to consolidate their suit with another suit concerning the same child. We will deny the petition.
The relators in a mandamus proceeding bear "the burden of providing this Court with a sufficient record to establish their right to mandamus relief." Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) (orig. proceeding). If the relators are challenging an oral ruling, this means that they must provide a reporter's record containing the complained-of ruling. In re Bill Heard Chevrolet, Ltd., 209 S.W.3d 311, 314 (Tex. App.-Houston [1st Dist.] 2006, orig. proceeding); see TEX. R. APP. P. 52.7(a)(2) ("Relator must file . . . a properly authenticated transcript of any relevant testimony from any underlying proceeding, including any exhibits offered in evidence"); Walker, 827 S.W.2d at 837 (relators "had the burden of providing us . . . a statement of facts from the hearing"); see also In re Vernor, 94 S.W.3d 201, 206 n. 8 (Tex. App.-Austin 2002, orig. proceeding) ("If a court's order is adequately reflected in the reporter's record, a formal written order is not essential to obtaining mandamus relief.").
The appendix to Relators' mandamus petition contains several pertinent documents, but they have failed to provide a reporter's record from the August 7, 2009 hearing in which Respondent made the complained-of rulings. Because Relators have failed to provide an adequate record, we deny their petition for mandamus relief. See Walker, 827 S.W.2d at 837; Bill Heard Chevrolet, 209 S.W.3d at 313. The stay of the trial court proceedings previously granted by this Court is hereby lifted.