In Re Dennis Faltysek Jr. v. the State of Texas ( 2023 )


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  •                                       In The
    Court of Appeals
    Ninth District of Texas at Beaumont
    __________________
    NO. 09-23-00169-CV
    __________________
    IN RE DENNIS FALTYSEK JR.
    __________________________________________________________________
    Original Proceeding
    411th District Court of Polk County, Texas
    Trial Cause No. CIV22-0377
    __________________________________________________________________
    MEMORANDUM OPINION
    In a petition for a writ of mandamus, Dennis Faltysek Jr. asks this Court to
    compel the trial court to vacate an order granting a motion for new trial following a
    post-answer default judgment and reinstate the Order in Suit to Modify the Parent-
    Child Relationship. The relator has the burden of providing this Court with a
    sufficient record to establish his right to mandamus relief. Walker v. Packer, 
    827 S.W.2d 833
    , 837 (Tex. 1992) (orig. proceeding). After considering the petition for a
    writ of mandamus, the appendix, and the reporter’s record of the hearing on the
    motion for new trial, and based upon the mandamus record, we conclude that the
    relator has not shown that he is entitled to the relief sought in his petition.
    1
    Accordingly, we deny the petition for a writ of mandamus. See Tex. R. App. P.
    52.8(a).
    PETITION DENIED.
    PER CURIAM
    Submitted on June 21, 2023
    Opinion Delivered June 22, 2023
    Before Horton, Johnson and Wright, JJ.
    2
    

Document Info

Docket Number: 09-23-00169-CV

Filed Date: 6/22/2023

Precedential Status: Precedential

Modified Date: 6/23/2023