in Re Kristofer Thomas Kastner

• Court: Court of Appeals of Texas
• Decided: January 15, 2009
• Docket: 14-08-01179-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed January 15, 2009

Petition for Writ of Mandamus Denied and Memorandum Opinion filed January 15, 2009.

In The

Fourteenth Court of Appeals

____________

NO. 14-08-01179-CV

IN RE KRISTOFER THOMAS KASTNER, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On December 18, 2008, relator Kristofer Thomas Kastner filed a petition for writ of mandamus in this court.  See Tex. Gov=t Code Ann. ' 22.221 (Vernon 2004); see also Tex. R. App. P. 52.  In the petition, relator asks this court to compel the Honorable Sharolyn Wood, presiding judge of the 127th District Court of Harris County to rule on discovery matters and rescind her order assessing sanctions against relator.  Relator has failed to file a sworn mandamus record.  See Tex. R. App. P. 52.7.  We deny the petition for writ of mandamus.

In his petition, relator states he filed suit in the 127th District Court against Guttermaxx and Jim McClaughlin for assault, defamation, negligent supervision, and civil conspiracy.  He claims the trial judge of that court failed to rule on requested discovery, denied him the opportunity to depose a witness, and improperly assessed sanctions against him.  The absence of a mandamus record prevents us from evaluating the circumstances of this case and the merits of relator=s complaints.  See Barnes v. State, 832 S.W.2d 424, 426 (Tex. App.CHouston [1st Dist.] 1992, orig. proceeding).  To demonstrate his entitlement to mandamus relief, relator must provide this court with evidence against which we can test the reasonableness of the trial court=s actions or omissions.  See In re Chavez, 62 S.W.3d 225, 228 (Tex. App.CAmarillo 2001, orig. proceeding).

Relator has failed to establish entitlement to the extraordinary relief of a writ of mandamus.  Accordingly, we deny the petition for writ of mandamus.

PER CURIAM

Panel consists of Justices Frost, Brown and Boyce.