in Re John M. Donohue ( 2017 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-17-00037-CV
IN RE John M. DONOHUE
Original Mandamus Proceeding 1
PER CURIAM
Sitting: Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
Irene Rios, Justice
Delivered and Filed: February 1, 2017
PETITION FOR WRIT OF MANDAMUS DENIED
Relator filed a petition for writ of mandamus on January 23, 2017 complaining of an order
denying Relator’s “Petition to Reconsider Permission to File.” Relator filed no record with the
petition for writ of mandamus and the appendix to the petition for writ of mandamus contained
only a copy of correspondence between Relator and the District Courts’ staff attorney and a copy
of Relators “Petition to Reconsider Permission to File” dated December 27, 2016.
A party seeking mandamus relief bears the burden of providing this court with a record
sufficient to establish its right to relief. Walker v. Packer, 827 S.W.2d 833. 837 (Tex. 1992). The
record must include “a 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.” TEX. R. APP. 52.7(a)(1). In
1
This proceeding arises out of Cause No. 2013-CI-19573, styled Martha Donohue v. John M. Donohue, pending in
the 288th Judicial District Court, Bexar County, Texas.
04-17-00037-CV
addition, Relator must provide this court with “a certified or sworn copy of any order complained
of, or any other document showing the matter complained of[.]” TEX. R. APP. P. 52.3(l)(A).
Relator has not provided this court with a copy of the order of which he complains and also fails
to provide this court with a record sufficient to establish his claim for relief. Due to the lack of an
adequate mandamus record, we are unable to determine whether the trial court abused its
discretion. Accordingly, the petition for writ of mandamus is denied. See TEX. R. APP. P. 52.8(a).
PER CURIAM
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