From Casetext: Smarter Legal Research

In re Robinson

Court of Appeals of Texas, Fifth District, Dallas
Jun 7, 2022
No. 05-22-00543-CV (Tex. App. Jun. 7, 2022)

Opinion

05-22-00543-CV

06-07-2022

IN RE MICHAEL E. ROBINSON AND THE ROBINSON LAW FIRM, Relators


Original Proceeding from the 101st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-19-14300

Before Justices Molberg, Pedersen, III, and Garcia

MEMORANDUM OPINION

DENNISE GARCIA JUSTICE

Before the Court is relators' June 6, 2022 petition for writ of mandamus. In the petition, relators complain about the trial court's failure to rule on their pending motion to withdraw as counsel.

Entitlement to mandamus relief requires relators to show that the trial court clearly abused its discretion and that they lack an adequate appellate remedy. In re Prudential Ins. Co., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding). As the party seeking relief, relators have the burden of providing the Court with a certified or sworn copy of every document that is material to establishing their right to mandamus relief. See Tex. R. App. P. 52.3(k), 52.7(a); In re Butler, 270 S.W.3d 757, 759 (Tex. App.-Dallas 2008, orig. proceeding) (requiring relator to submit a record containing certified or sworn copies). Because the documents included in the record are not certified by a trial court clerk or adequately sworn copies, we conclude relators have not met this burden.

Further, the petition does not include an adequate Rule 52.3(j) certification. See Tex. R. App. P. 52.3(j); In re Butler, 270 S.W.3d at 758 (applying Rule 52.3(j) strictly).

Accordingly, we deny the petition for writ of mandamus.


Summaries of

In re Robinson

Court of Appeals of Texas, Fifth District, Dallas
Jun 7, 2022
No. 05-22-00543-CV (Tex. App. Jun. 7, 2022)
Case details for

In re Robinson

Case Details

Full title:IN RE MICHAEL E. ROBINSON AND THE ROBINSON LAW FIRM, Relators

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Jun 7, 2022

Citations

No. 05-22-00543-CV (Tex. App. Jun. 7, 2022)