in Re CEM Fuller

Opinion

Opinion issued December 23, 2010

In The

Court of Appeals

For The

First District of Texas

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NO. 01-10-01056-CV

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IN RE Cem Fuller, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

          Relator Cem Fuller has petitioned this Court for a writ of mandamus, complaining that the trial court clearly abused its discretion in disqualifying attorney Jim Evans from serving as relator’s counsel in the underlying divorce proceeding.* 

          The order about which relator complains states that the trial court “heard” the motion to disqualify relator’s counsel and considered “the evidence and argument of counsel” before making its decision.  Relator neither provided a reporter’s record nor stated that no testimony was adduced at the hearing on the motion to disqualify his counsel.  Consequently, the petition does not comply with the Texas Rules of Appellate Procedure.  See Tex. R. App. P. 52.7(a)(2) (requiring relator to file properly authenticated transcript of any relevant testimony or statement that no testimony was adduced in connection with the matter about which relator complains).

We deny the petition for writ of mandamus.   

PER CURIAM

Panel consists of Chief Justice Radack and Justices Massengale and Brown.

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*           The underlying case is In the Matter of the Marriage of Karen Ruth Lassiter-Fuller and Cem Fuller and In the Interest of N.D.K.F., a child, No. 07-DCV-155050 in the 387th District Court of Fort Bend County, Texas, the Honorable Robert Kern presiding.