in Re Eustorgio Guzman Resendez

• Court: Court of Appeals of Texas
• Decided: September 24, 2008
• Docket: 04-08-00613-CV
• Status: Published

Opinion

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MEMORANDUM OPINION

No. 04-08-00613-CV

IN RE Eustorgio RESENDEZ

Original Mandamus Proceeding1

PER CURIAM

Sitting: Alma L. López, Chief Justice Sandee Bryan Marion, Justice Rebecca Simmons, Justice

Delivered and Filed: September 24, 2008

PETITION FOR WRIT OF MANDAMUS DENIED

Relator Eustorgio Resendez has filed a petition for writ of mandamus complaining of the

district court’s failure to set a hearing date to hear his petition for declaratory judgment consistent

with this Court’s opinion in Resendez v. Garcia, No. 04-05-00081-CV, 2005 WL 2654069 (Tex.

App.—San Antonio October 19, 2005, orig. proceeding) (mem. op.), which reversed and remanded

the case to the district court. Relator’s burden in a mandamus proceeding is to provide this court

with a record sufficient to establish his right to relief. Walker v. Packer, 827 S.W.2d 833, 837 (Tex.

… This proceeding arises out of Cause No. DC-02-268(A), styled Eustorgio Guzman 1

Resendez v. Juan Garcia and Heriberto Silva, filed in the 229th Judicial District Court, Starr County, Texas. 04-08-00613-CV

1992); see also TEX . R. APP . P. 52.3(j), 52.7(a). Relator has not provided this court with a record

upon which mandamus relief may be granted. Because relator is not entitled to the relief sought, the

petition is denied. TEX . R. APP . P. 52.8(a).

Additionally, relator filed an Application for Leave to File Petition for Writ of Mandamus.

No leave is required to file a petition for a writ of mandamus in this court. TEX . R. APP . P. 52.

Therefore, relator’s motion for leave to file is denied as moot.

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