Opinion
No. 06-05-00122-CV
Submitted: October 17, 2005.
Decided: October 18, 2005.
Original Mandamus Proceeding.
Before MORRISS, C.J., ROSS and CARTER, JJ.
MEMORANDUM OPINION
Relator, Eric Carson Wynn, has filed his petition for writ of mandamus. He seems to ask this Court to direct the trial court, first, to set for trial a petition for termination of parental rights in which he is named as the putative father and then, to appoint counsel to represent him in that trial.
Wynn attempted to appeal from another ruling in Wynn v. Johnson, No. 06-05-00034-CV, 2005 Tex. App. LEXIS 2509 (Tex.App.-Texarkana Apr. 5, 2005, no pet.). Since the nature and content of that ruling were unclear, we concluded no appealable order or judgment existed in that case. We dismissed the appeal for want of jurisdiction.
The relator bears a heavy burden of showing entitlement to the relief requested. See Johnson v. Fourth Court of Appeals, 700 S.W.2d 916, 917 (Tex. 1985) (orig. proceeding). Rule 52.3 of the Texas Rules of Civil Procedure sets out the necessary contents of a petition for writ of mandamus and requires, among other things, that the petitioner provide the Court with "document[s] showing the matter complained of." Tex.R.App.P. 52.3(j)(1)(A). Wynn has failed to provide us with any documentation sufficient to show himself entitled to mandamus relief. For instance, the petition fails to demonstrate that Wynn has requested such relief from the trial court.
We expressly do not reach the merits of Wynn's petition. More information presented in a manner consistent with Rule 52.3 is necessary to permit the Court to review Wynn's assertions and consider awarding mandamus relief. Based on noncompliance with Rule 52.3, we deny Wynn's petition for writ of mandamus. See Tex.R.App.P. 52.3, 52.8(a).