In Re Dennis Faltysek Jr. v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: June 22, 2023
• Docket: 09-23-00169-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-23-00169-CV __________________

IN RE DENNIS FALTYSEK JR.

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Original Proceeding 411th District Court of Polk County, Texas Trial Cause No. CIV22-0377 __________________________________________________________________

MEMORANDUM OPINION

In a petition for a writ of mandamus, Dennis Faltysek Jr. asks this Court to

compel the trial court to vacate an order granting a motion for new trial following a

post-answer default judgment and reinstate the Order in Suit to Modify the Parent-

Child Relationship. The relator has the burden of providing this Court with a

sufficient record to establish his right to mandamus relief. Walker v. Packer, 827

S.W.2d 833, 837 (Tex. 1992) (orig. proceeding). After considering the petition for a

writ of mandamus, the appendix, and the reporter’s record of the hearing on the

motion for new trial, and based upon the mandamus record, we conclude that the

relator has not shown that he is entitled to the relief sought in his petition.

1 Accordingly, we deny the petition for a writ of mandamus. See Tex. R. App. P.

52.8(a).

PETITION DENIED.

PER CURIAM

Submitted on June 21, 2023 Opinion Delivered June 22, 2023

Before Horton, Johnson and Wright, JJ.