Opinion
05-23-01184-CV
11-28-2023
IN RE PHILIP FLOYD, Relator
Original Proceeding from the 471st Judicial District Court Collin County, Texas Trial Court Cause No. 471-02423-2021
Before Justices Partida-Kipness, Carlyle, and Garcia
MEMORANDUM OPINION
CORY L. CARLYLE, JUSTICE
In his November 27, 2023 petition for writ of mandamus, relator challenges as void a trial court order compelling him to show cause why he should not be held in civil contempt.
Entitlement to mandamus relief requires a relator to show that the trial court clearly abused its discretion and that the relator lacks an adequate appellate remedy. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding). Relator bears the burden of providing the Court with a sufficient record to show he is entitled to relief. Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) (orig. proceeding); see also Tex. R. App. P. 52.3(k)(1)(A), 52.7(a)(1).
Relator's petition does not comply with the Texas Rules of Appellate Procedure. See, e.g., Tex.R.App.P. 52.3(j), 52.3(k)(1)(A), 52.7(a)(1). For instance, a petition seeking mandamus relief must include a certification stating that the relator "has reviewed the petition and concluded that every factual statement in the petition is supported by competent evidence included in the appendix or record." Tex.R.App.P. 52.3(j). Relator's petition lacks this required certification. Additionally, rule 52.3(k)(1)(A) requires a relator to file an appendix with his petition that contains "a certified or sworn copy of any order complained of, or any other document showing the matter complained of." Rule 52.7(a)(1) requires the relator to file with his petition "a certified or sworn copy of every document that is material to the relator's claim for relief that was filed in any underlying proceeding." None of the documents included with relator's petition are certified or sworn copies.
Alternatively, notwithstanding these defects, after reviewing relator's petition and the record before us, we conclude that relator has failed to demonstrate entitlement to mandamus relief. Accordingly, we deny the petition for writ of mandamus. See Tex. R. App. P. 52.8(a).
We also deny as moot relator's motion for stay of trial court proceedings.