in Re Meadowbrook Baptist Church ( 2022 )

Deny and Opinion Filed January 31, 2022
S In the
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-00046-CV
IN RE MEADOWBROOK BAPTIST CHURCH, Relator
Original Proceeding from the County Court at Law No. 5
Dallas County, Texas
Trial Court Cause No. CC--21-01593-E
MEMORANDUM OPINION
Before Justices Schenck, Reichek, and Carlyle
Opinion by Justice Carlyle
In this original proceeding, relator challenges the trial court’s December 15,
2021 order granting real party in interest’s motion to compel access to and inspection
of relator’s hard drives by real party’s forensic computer expert.
Entitlement to mandamus relief requires relator to show that the trial court
clearly abused its discretion and that he lacks an adequate appellate remedy. In re
Prudential Ins. Co., 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 properly
authenticated record establishing his 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). Relator has not provided a record with certified or sworn documents
establishing relator’s entitlement to the relief requested. Based on the record before
us, we conclude relator has not established a right to mandamus relief. Accordingly,
we deny the petition for writ of mandamus without prejudice to refiling a petition
with a record that complies with Texas Rule of Appellate Procedure 52. See TEX. R.
APP. P. 52.3(k), 52.7(a).
/Cory L. Carlyle/
CORY L. CARLYLE
JUSTICE
220046F.P05
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