In Re Texas Regional Clinic and Memorial MRI & Diagnostic v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: May 9, 2024
• Docket: 06-24-00049-CV
• Status: Published

Opinion

In the Court of Appeals Sixth Appellate District of Texas at Texarkana

No. 06-24-00049-CV

IN RE TEXAS REGIONAL CLINIC AND MEMORIAL MRI & DIAGNOSTIC

Original Mandamus Proceeding

Before Stevens, C.J., van Cleef and Rambin, JJ. Memorandum Opinion by Justice Rambin MEMORANDUM OPINION

Relators, Texas Regional Clinic and Memorial MRI & Diagnostic, filed a petition for a

writ of mandamus requesting this Court to vacate a discovery order dated May 2, 2024, entered

by the trial court in Panola County. Because Relators failed to certify the petition in accordance

with Rule 52.3(j) of the Texas Rules of Appellate Procedure, we deny the mandamus petition.

“Mandamus issues only when the mandamus record establishes (1) a clear abuse of

discretion . . . , and (2) the absence of a clear and adequate remedy at law.” In re Blakeney, 254

S.W.3d 659, 661 (Tex. App.—Texarkana 2008, orig. proceeding) (citing Cantu v. Longoria, 878

S.W.2d 131, 132 (Tex. 1994) (per curiam); Walker v. Packer, 827 S.W.2d 833, 839–40 (Tex.

1992) (orig. proceeding)). “It is the relator’s burden to provide this Court with a sufficient

record to establish his or her right to mandamus relief.” Id. (citing Walker, 827 S.W.2d at 839–

40; In re Pilgrim’s Pride Corp., 187 S.W.3d 197, 198–99 (Tex. App.—Texarkana 2006, orig.

proceeding)); see TEX. R. APP. P. 52.3, 52.7(a).

Rule 52.3 provides, “The person filing the petition must certify that he or she has

reviewed the petition and concluded that every factual statement in the petition is supported by

competent evidence included in the appendix or record.” See TEX. R. APP. P. 52.3(j). We have

reviewed the Relators’ petition and find there is no certification complying with Rule 52.3(j).

“‘Because the record in a mandamus proceeding is assembled by the parties,’ we must

‘strictly enforce[] the authentication requirements of rule 52 to ensure the integrity of the

mandamus record.’” In re Porter, No. 06-21-00054-CV, 2021 WL 2425251, at *1 (Tex. App.—

Texarkana June 15, 2021, orig. proceeding) (mem. op.) (alteration in original) (quoting In re

2 Morehead, No. 06-21-00025-CV, 2021 WL 1652064, at *2 (Tex. App.—Texarkana Apr. 28,

2021, orig. proceeding) (mem. op.)). When a relator does not comply with the Texas Rules of

Appellate Procedure, we deny its petition. See id. at *2.

Because Relators did not comply with Rule 52.3(j), we deny the petition for a writ of

mandamus as well as the motion for emergency relief.

Jeff Rambin Justice

Date Submitted: May 9, 2024 Date Decided: May 9, 2024