in Re Richard Petley ( 2010 )

Opinion issued September 16, 2010.

In The

Court of Appeals

For The

First District of Texas

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NO. 01-10-00753-CV

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In re Richard Petley, Relator

Original Proceeding on Petition for Writ of Mandamus  

MEMORANDUM OPINION[1]

By petition for writ of mandamus, relator, Richard Petley, seeks mandamus relief compelling the trial court to vacate its order sustaining the District Clerk’s contest to relator’s unsworn declaration of inability to pay costs, and asking this Court to require the trial court to allow him to proceed without paying costs or providing security.

We deny relator’s petition for writ of mandamus.  See Tex. R. App. P.  9.5 (requiring service upon all parties to proceeding); Tex. R. App. P.  52.3 (setting forth required form and content of petition); Tex. R. App. P.  52.7(a) (requiring, inter alia, relator file record with certified or sworn copies of all material documents); see also In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (holding that, in order to be entitled to relief by writ of mandamus, relator must show trial court clearly abused its discretion and relator has no adequate remedy by appeal).

PER CURIAM

Panel consists of Justices Jennings, Alcala, and Sharp.

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[1]           The underlying case is In the Matter of the Marriage of Richard Petley and Elizazbeth Zinna, Cause Number 2010-43180, pending in the 247th District Court of Harris County, Texas, the Honorable Bonnie Crane Hellums, presiding.