In Re: Oncor Electric Delivery Company LLC v. the State of Texas

Opinion

DENIED and Opinion Filed March 29, 2023

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00290-CV

IN RE ONCOR ELECTRIC DELIVERY COMPANY LLC, Relator

Original Proceeding from the 191st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-16-01615

MEMORANDUM OPINION Before Justices Molberg, Goldstein, and Breedlove Opinion by Justice Molberg In its March 28, 2023 petition for writ of mandamus, relator seeks relief

from the trial court’s order granting real party in interest’s motion to increase juror

pay in the underlying action.

Entitlement to mandamus relief requires relator to show that the trial court

clearly abused its discretion and that relator lacks an adequate appellate remedy. In

re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig.

proceeding). Relator bears the burden of providing the Court with a sufficient

record to show he is entitled to relief. Walker v. Packer, 827 S.W.2d 833, 837

(Tex. 1992) (orig. proceeding). Relator’s petition does not comply with the Texas Rules of Appellate

Procedure. The documents contained in relator’s record are neither certified nor

sworn copies. See TEX. R. APP. P. 52.3(k)(1)(A), 52.7(a)(1). Additionally, relator

refers to a relevant hearing but did not include a properly authenticated transcript

of any relevant testimony or a statement that no testimony was adduced in

connection with the matter complained. See TEX. R. APP. P. 52.7(a)(2). Without a

sufficient record, relator has failed to carry its burden.

Accordingly, we deny relator’s petition for writ of mandamus. Having

denied the petition, we also deny relator’s motion for expedited relief as moot.

/Ken Molberg/ KEN MOLBERG JUSTICE

230290F.P05

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