Opinion
05-22-01335-CV
12-19-2022
IN RE UMTH GENERAL SERVICES, L.P., Relator
Original Proceeding from the 192nd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-22-09833
Before Justices Schenck, Reichek, and Carlyle
MEMORANDUM OPINION
AMANDA L. REICHEK JUSTICE
Before the Court is relator UMTH General Services, L.P.'s December 14, 2022 petition for writ of mandamus. Relator challenges the trial court's November 30, 2022 order denying a motion to dismiss. Also before the Court is relator's December 15, 2022 motion to stay and request for expedited consideration.
A petition filed with this Court commencing an original proceeding must be captioned "In re [name of relator]." Tex.R.App.P. 52.1. "The party seeking the relief is the relator." Tex.R.App.P. 52.2. Although the body of relator's petition refers to multiple parties as "relators," UMTH General Services, L.P. is the only party who has commenced this original proceeding.
Entitlement to mandamus relief requires relator to show that the trial court clearly abused its discretion and that 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 it is entitled to relief. Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) (orig. proceeding). Here, however, relator's petition is not properly certified. See Tex. R. App. P. 52.3(j); In re Butler, 270 S.W.3d 757, 758 (Tex. App.-Dallas 2008, orig. proceeding). Further, the record reflects that the trial court held a hearing on relator's motion to dismiss on November 30, 2022. But relator neither provided a properly authenticated transcript of any relevant testimony from that hearing, including any exhibits offered into evidence, nor a statement that no testimony was adduced in connection with the matter complained. See Tex. R. App. P. 52.7(a)(2).
Accordingly, we conclude that relator has failed to carry its burden and deny relator's petition for writ of mandamus without prejudice to refiling. See Tex. R. App. P. 52.8(a). We also deny as moot relator's motion to stay and request for expedited consideration.