in Re: Christopher Burks and Approximately $63,375.00

• Court: Court of Appeals of Texas
• Decided: April 9, 2008
• Docket: 14-08-00259-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed April 9, 2008

Petition for Writ of Mandamus Denied and Memorandum Opinion filed April  9, 2008.

In The

Fourteenth Court of Appeals

____________

NO. 14-08-00259 -CV

IN RE CHRISTOPHER BURKS AND APPROXIMATELY $63,375.00, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On April 2, 2008, relator Christopher Burks and Approximately $63,375.00 filed a petition for writ of mandamus in this court.  See Tex. Gov=t Code Ann. ' 22.221 (Vernon 1988); see also Tex. R. App. P. 52.  In the petition, relator asks this court to compel the Honorable P.K. Reiter, presiding judge of the 151st Judicial District Court of Harris County to vacate his March 24, 2008 Order striking relator=s answer as a discovery sanction under Texas Rule of Civil Procedure 215.

Relator has failed to enclose a certified or sworn copy of the Order complained of.  See Tex. R. App. P. 52.3.  Relator has also failed to comply with Rule 52.7, which requires that the Record contain certified or sworn copies of every document material to his claim for relief, and which requires further that relator include copies of all pertinent transcripts or, alternatively, certify that no testimony was adduced.  Tex. R. App. P. 52.7.

Absent a signed Order or a transcript from the March 24, 2008 hearing, we are unable to conclude whether the respondent abused his discretion or whether relator has an adequate remedy by appeal.  Relator has not established his entitlement to the extraordinary relief of a writ of mandamus.  Accordingly, we deny relator=s petition for writ of mandamus and also deny relator=s related emergency motion to stay proceedings.  We further deny as moot relator=s motion for leave to file his mandamus petition.  Tex. R. App. P. 52 & cmt.  Finally, we dismiss relator=s injunction request for lack of jurisdiction.  See Tex. Gov=t Code Ann. ' 22.221 (Vernon 1988).

This denial of relator=s petition for writ of mandamus is without prejudice to the refiling of a mandamus petition that complies with Rules 52.3 and 52.7.

PER CURIAM

Petition Denied and Memorandum Opinion filed, April 9, 2008.

Panel consists of Chief Justice Hedges, and Justices Fowler and Boyce.