Opinion
No. 12-03-00281-CV, No. 12-03-00282-CV
Opinion delivered August 29, 2003
ORIGINAL PROCEEDING MEMORANDUM
Panel consisted of Worthen, C.J., Griffith, J.
OPINION.
Relator Jack Skeen, Jr. seeks a writ of mandamus to compel the Honorable Paul Banner, sitting for the 241st District Court of Smith County, Texas, to stay the start of the trial on the merits of cause numbers 241-1403-03 and 241-1404-03, currently scheduled to begin on September 8, 2003. Specifically, Relator complains that the trial court consolidated the two cases for trial on its own motion and argues that the exclusive power to consolidate rests with the State.
Texas Rule of Appellate Procedure 52.3(j)(1)(A) requires that a petition for writ of mandamus include an appendix containing a certified or sworn copy of any order complained of or any other document showing the matter complained of. Although Relator's petition includes an appendix, no order consolidating the above-referenced cases or other document evidencing the consolidation is included. Therefore, Relator has not furnished a record sufficient to show that he is entitled to the relief requested. Accordingly, Relator's petition for writ of mandamus is denied.