in Re Leopold Malachowitsch

• Court: Court of Appeals of Texas
• Decided: April 19, 2011
• Docket: 14-11-00316-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed April 19, 2011.

In The

Fourteenth Court of Appeals

NO. 14-11-00316-CV

In Re Leopold Malachowitsch, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

MEMORANDUM OPINION

On April 12, 2011, relator Leopold Malachowitsch filed a petition for writ of mandamus in this court.  See Tex. Gov’t Code Ann. §22.221; see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the Honorable William R. Burke, Jr., presiding judge of the 189th District Court of Harris County, to preserve the “status quo of the matter in litigation.”

The Texas Rules of Appellate Procedure require relator to include “any order complained of, or any other document showing the matter complained of[.]”  See Tex. R. App. P. 52.3(k)(1)(A).  Relator has not done so. Without an order or other document showing the matter complained of, this court cannot conclude the trial court abused its discretion.  See In re Chonody, 49 S.W.3d 376, 378–79 (Tex. App.—Fort Worth 2000, orig. proceeding).  Accordingly, we deny relator’s petition for writ of mandamus.

                                                                                    PER CURIAM

Panel consists of Justices Frost, Jamison, and McCally.