In Re: Pate Rehabilitation Endeavors, LLC v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: May 15, 2023
• Docket: 05-23-00438-CV
• Status: Published

Opinion

DENY and Opinion Filed May 15, 2023

In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00438-CV

IN RE PATE REHABILITATION ENDEAVORS, LLC, Relator

Original Proceeding from the County Court at Law No. 1 Dallas County, Texas Trial Court Cause No. CC-21-02940-A

MEMORANDUM OPINION Before Justices Pedersen, III, Nowell, and Miskel Opinion by Justice Nowell Relator’s May 10, 2023 petition for writ of mandamus asks us to compel the

trial court to close the underlying proceedings. 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). As the party seeking relief,

relator has the burden of providing the Court with a certified or sworn copy of every

document that is material to establishing its 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

copies).

Because the documents included in the record are not certified by a trial court

clerk or adequately sworn copies, we conclude that relator has failed to carry this

burden. Accordingly, we deny the petition for writ of mandamus.

230438f.p05 /Erin A. Nowell// ERIN A. NOWELL JUSTICE

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