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In re Oliver

Fourth Court of Appeals San Antonio, Texas
Aug 16, 2017
No. 04-17-00515-CV (Tex. App. Aug. 16, 2017)

Opinion

No. 04-17-00515-CV

08-16-2017

IN RE Kevin OLIVER


MEMORANDUM OPINION

Original Mandamus Proceeding PER CURIAM Sitting: Karen Angelini, Justice Marialyn Barnard, Justice Rebeca C. Martinez, Justice PETITION FOR WRIT OF MANDAMUS DENIED

This proceeding arises out of Cause No. 16-2359-CV, pending in the 25th Judicial District Court, Guadalupe County, Texas, the Honorable William Old presiding.

On August 10, 2017, Relator filed a petition for writ of mandamus and emergency motion for stay complaining of an order issued by the trial court compelling Relator to respond to discovery and pay court costs by August 10, 2017. Relator filed no record with the petition and no appendix to the petition.

A party seeking mandamus relief bears the burden of providing this court with a record sufficient to establish its right to relief. Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992). When an evidentiary hearing was held by the trial court, the record should include a properly authenticated transcript, including copies of any exhibits offered in evidence. TEX. R. APP. P. 52.7(a)(2); Walker, 827 S.W.2d at 837. In addition, the record must include "a certified or sworn copy of every document that is material to the relator's claim for relief and that was filed in any underlying proceeding." TEX. R. APP. P. 52.7(a)(1). Because Relator has not provided this court with a record sufficient to establish his claim for relief, we are unable to determine whether the trial court abused its discretion. Accordingly, the petition for writ of mandamus and emergency motion for stay are denied. See TEX. R. APP. P. 52.8(a).

PER CURIAM


Summaries of

In re Oliver

Fourth Court of Appeals San Antonio, Texas
Aug 16, 2017
No. 04-17-00515-CV (Tex. App. Aug. 16, 2017)
Case details for

In re Oliver

Case Details

Full title:IN RE Kevin OLIVER

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Aug 16, 2017

Citations

No. 04-17-00515-CV (Tex. App. Aug. 16, 2017)