In Re John Henry Garber v. the State of Texas

Opinion

In the Court of Appeals Sixth Appellate District of Texas at Texarkana

No. 06-26-00033-CR

IN RE JOHN HENRY GARBER

Original Mandamus Proceeding

Before Stevens, C.J., van Cleef and Rambin, JJ. Memorandum Opinion by Justice Rambin MEMORANDUM OPINION

Relator, John Henry Garber, has filed a petition for a writ of mandamus asking this Court

to compel the trial court to rule on pending motions in three cases in the trial court.

Garber’s petition, however, lacks the required certification that he “has reviewed the

petition and concluded that every factual statement in the petition is supported by competent

evidence included in the appendix or record.” TEX. R. APP. P 52.3(k); see CMH Homes v. Perez,

340 S.W.3d 444, 453 n.8 (Tex. 2011) (remanding a matter that could not be considered as an

appeal for consideration as a mandamus petition, expressing confidence that the briefing would

be revised to “fully comply with Rule 52 on remand to the court of appeals”); In re Accident

Fund Gen. Ins. Co., 543 S.W.3d 750, 752 (Tex. 2017) (per curiam) (orig. proceeding) (denying a

petition for non-compliance with Rules 52.1, 52.3(e), and 52.7 of the Texas Rules of Appellate

Procedure).

Accordingly, we deny Garber’s petition.

Jeff Rambin Justice

Date Submitted: March 13, 2026 Date Decided: March 16, 2026

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