Opinion
05-24-01473-CV
12-20-2024
IN RE VICTOR VALDEZ, SR., PATRICIA VALDEZ, AND JESUS VALDEZ AS THE REPRESENTATIVE OF THE ESTATE OF ORLANDO VALDEZ, DECEASED, Relators
Original Proceeding from the 429th Judicial District Court Collin County, Texas Trial Court Cause No. 429-01717-2022
Before Justices Reichek, Goldstein, and Kennedy
MEMORANDUM OPINION
AMANDA L. REICHEK JUSTICE
Before the Court is relators' December 17, 2024 petition for writ of mandamus. Relators challenge the trial court's order denying their motion to abate.
Upon review, relators' petition does not comply with the Texas Rules of Appellate Procedure and thus does not meet the requirements for consideration of mandamus relief. See, e.g., TEX. R. APP. P. 52.3(g), 52.3(i), 52.7(a). For example, a relator bears the burden of providing the Court with a record sufficient to show entitlement to relief. Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) (orig. proceeding); see also TEX. R. APP. P. 52.7(a). The record before us reflects that the trial court held a hearing on the motion to abate and considered a response to the motion filed by real party in interest Progressive County Mutual Insurance Company. Relators, however, did not file with their petition a certified or sworn copy of the response. See TEX. R. APP. P. 52.7(a)(1). They also failed to include a properly authenticated transcript of any relevant testimony from the hearing, including any exhibits offered in evidence, or a statement that no testimony was adduced in connection with the matter complained. See TEX. R. APP. P. 52.7(a)(2).
Accordingly, we deny relators' petition for writ of mandamus.