In Re Mark Kreit v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: June 27, 2024
• Docket: 01-24-00302-CV
• Status: Published

Opinion

Opinion issued June 27, 2024

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-00302-CV ——————————— IN RE MARK KREIT, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM

Relator has filed a petition for writ of mandamus challenging an order for

interim attorney’s fees.*

Our review of relator’s mandamus petition reflects that it fails to establish

that he is entitled to mandamus relief. See TEX. R. APP. P. 52.3(j) (person “filing

the petition must certify that he or she has reviewed the petition and concluded that

* The underlying case is Pauline Kreit El Khoury v. Mark Maher Kreit, cause number 2022-15859, pending in the 310th District Court of Harris County, Texas, the Honorable Sonya Heath, presiding. every factual statement in the petition is supported by competent evidence included

in the appendix or record”), 52.3(k)(1)(A) (relator required to provide appendix

which “must contain” certified or sworn copy of any “document showing the

matter complained of”), 52.7(a)(1) (relator “must file” record with mandamus

petition containing “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”),

52.8(a); see also Walker v. Packer, 827 S.W.2d 833, 840 (Tex. 1992) (“Our

requirement that mandamus will not issue where there is an adequate remedy by

appeal is well-settled.”). Accordingly, we deny relator’s petition for writ of

mandamus. See TEX. R. APP. P. 52.8(a). We dismiss any pending motions as moot.

PER CURIAM

Panel consists of Justices Chief Justice Adams, and Justices Kelly and Goodman.