In Re: Pate Rehabilitation Endeavors, LLC v. the State of Texas ( 2023 )

DENY and Opinion Filed May 15, 2023
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-23-00438-CV
IN RE PATE REHABILITATION ENDEAVORS, LLC, Relator
Original Proceeding from the County Court at Law No. 1
Dallas County, Texas
Trial Court Cause No. CC-21-02940-A
MEMORANDUM OPINION
Before Justices Pedersen, III, Nowell, and Miskel
Opinion by Justice Nowell
Relator’s May 10, 2023 petition for writ of mandamus asks us to compel the
trial court to close the underlying proceedings. Entitlement to mandamus relief
requires relator to show that the trial court clearly abused its discretion and that
relator lacks an adequate appellate remedy. In re Prudential Ins. Co. of Am., 148
S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). As the party seeking relief,
relator has the burden of providing the Court with a certified or sworn copy of every
document that is material to establishing its right to mandamus relief. See TEX. R.
APP. P. 52.3(k), 52.7(a); In re Butler, 270 S.W.3d 757, 759 (Tex. App.—Dallas 2008,
orig. proceeding) (requiring relator to submit a record containing certified or sworn
copies).
Because the documents included in the record are not certified by a trial court
clerk or adequately sworn copies, we conclude that relator has failed to carry this
burden. Accordingly, we deny the petition for writ of mandamus.
230438f.p05 /Erin A. Nowell//
ERIN A. NOWELL
JUSTICE
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