in Re: Dederian Demond Herron ( 2018 )

Denied and Opinion Filed December 21, 2018.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-01523-CV
IN RE DEDERIAN DEMOND HERRON, Relator
Original Proceeding from the 44th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-18-05553
MEMORANDUM OPINION
Before Justices Francis, Evans, and Schenck
Opinion by Justice Evans
Before the Court is relator’s December 19, 2018 “Motion for Procedurtal [sic] Order
Motion for Stay–Writ of Mandamus.” To be entitled to mandamus relief, a relator must show both
that the trial court has clearly abused its discretion and that relator has no adequate appellate
remedy. In re Prudential Ins. Co., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). As
the party seeking relief, the relator has the burden of providing the Court with a sufficient record
to establish his right to relief. Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) (orig.
proceeding). Rules 52.3 and 52.7 require the relator to provide “a certified or sworn copy” of
certain documents, including any order complained of, any other document showing the matter
complained of, and every document that is material to the relator’s claim for relief that was filed
in any underlying proceeding. TEX. R. APP. P. 52.3(k)(1)(A), 52.7(a)(1). Relator’s three-page
filing includes none of the documents required by rules 52.3 and 52.7 and does not complain of
any action by the trial court of which this Court could review for an abuse of discretion. Relator
has failed to meet his burden and is not entitled to mandamus relief. Accordingly, we deny
relator’s petition for writ of mandamus. See TEX. R. APP. P. 52.8(a) (the court must deny the
petition if the court determines relator is not entitled to the relief sought).
/David Evans/
DAVID EVANS
JUSTICE
181523F.P05
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