in Re Meadowbrook Baptist Church

Opinion

Deny and Opinion Filed January 31, 2022

S In the

Court of Appeals

Fifth District of Texas at Dallas No. 05-22-00046-CV

IN RE MEADOWBROOK BAPTIST CHURCH, Relator

Original Proceeding from the County Court at Law No. 5 Dallas County, Texas

Trial Court Cause No. CC--21-01593-E

MEMORANDUM OPINION

Before Justices Schenck, Reichek, and Carlyle Opinion by Justice Carlyle In this original proceeding, relator challenges the trial court’s December 15,

2021 order granting real party in interest’s motion to compel access to and inspection of relator’s hard drives by real party’s forensic computer expert.

Entitlement to mandamus relief requires relator to show that the trial court clearly abused its discretion and that he lacks an adequate appellate remedy. In re Prudential Ins. Co., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). As the party seeking relief, relator has the burden of providing the Court with a properly authenticated record establishing his right to mandamus relief. See TEX. R. APP. P. 52.3(k), 52.7(a); In re Butler, 270 S.W.3d 757, 759 (Tex. App.—Dallas 2008, orig. proceeding) (requiring relator to submit a record containing certified or sworn

2

copies). Relator has not provided a record with certified or sworn documents establishing relator’s entitlement to the relief requested. Based on the record before us, we conclude relator has not established a right to mandamus relief. Accordingly, we deny the petition for writ of mandamus without prejudice to refiling a petition with a record that complies with Texas Rule of Appellate Procedure 52. See TEX. R. APP. P. 52.3(k), 52.7(a).

/Cory L. Carlyle/

CORY L. CARLYLE

JUSTICE

220046F.P05