in Re Larry James Budow ( 2020 )

DENIED and Opinion Filed April 8, 2020
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-20-00399-CV
IN RE LARRY JAMES BUDOW, Relator
Original Proceeding from the 401st Judicial District Court
Collin County, Texas
Trial Court Cause No. 401-80851-2012
MEMORANDUM OPINION
Before Chief Justice Burns and Justices Molberg and Evans
Opinion by Chief Justice Burns
In this original proceeding, Larry James Budow has filed a petition for writ of
mandamus requesting the Court to compel the trial court to hear his motion for nunc
pro tunc judgment requesting credit on his sentence. Because the petition does not
comply with the rules of appellate procedure, we deny relief.
Initially, we note relator has not signed his petition. The rules of appellate
procedure require an unrepresented party to sign documents filed with the Court.
See TEX. R. APP. P. 9.1(b).
Secondly, the petition is not properly certified. A petition seeking mandamus
relief must contain a certification stating that relator “has reviewed the petition and
concluded that every factual statement in the petition is supported by competent
evidence included in the appendix or record.” TEX. R. APP. P. 52.3(j). The Court
requires relator’s certification to state substantially what is written in rule 52.3(j).
See In re Butler, 270 S.W.3d 757, 758 (Tex. App.—Dallas 2008, orig. proceeding).
Relator’s petition does not contain a certification and thus does not comply with the
certification requirement of rule 52.3(j). See id.
Finally, relator’s petition is not supported by a proper record. Rule
52.3(k)(1)(A) requires relator to file an appendix with his petition that contains “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(k)(1)(A). Rule 52.7(a)(1) requires
the relator to file with the petition “a certified or sworn copy of every document that
is material to the relator’s claim for relief that was filed in any underlying
proceeding.” TEX. R. APP. P. 52.7(a)(1).
Relator has failed to attach any documents to his petition. As the party seeking
relief, relator has the burden of providing the Court with a sufficient mandamus
record to establish his right to mandamus relief. Walker v. Packer, 827 S.W.2d 833,
837 (Tex. 1992) (orig. proceeding). Without a properly authenticated appendix
containing certified or sworn copies of documents, relator has not shown his
entitlement to mandamus relief. See Butler, 270 S.W.3d at 759.
Because relator’s petition is not signed, properly certified, and supported by
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an adequate record, we deny relief. See id. at 758–59.
/Robert D. Burns,III/
ROBERT D. BURNS, III
CHIEF JUSTICE
200399F.P05
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