In Re Jeffery D. Tolson v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: June 23, 2023
• Docket: 03-23-00338-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-23-00338-CV

In re Jeffery D. Tolson

ORIGINAL PROCEEDING FROM WILLIAMSON COUNTY

MEMORANDUM OPINION

Relator Jeffrey D. Tolson has filed a petition for writ of mandamus complaining

of the district court’s alleged failure to comply with Texas Rule of Civil Procedure 18a,

concerning the recusal and disqualification of judges. A relator seeking mandamus relief has the

burden of providing the Court with a sufficient record to establish the right to relief. Walker v.

Packer, 827 S.W.2d 833, 837 (Tex. 1992). By rule, the relator must file with the petition

“a certified or sworn copy of every document that is material to the relator's claim for relief

and that was filed in any underlying proceeding.” Tex. R. App. P. 52.7(a)(1). Here, Mr. Tolson

has provided no sworn record or exhibits in support of his submission. Accordingly, the petition

is denied. See Tex. R. App. P. 52.8.

__________________________________________ Thomas J. Baker, Justice

Before Justices Baker, Kelly, and Smith

Filed: June 23, 2023