in Re: Wayne Teague ( 2022 )

Deny and Opinion Filed June 13, 2022
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-00566-CV
IN RE WAYNE TEAGUE, Relator
Original Proceeding from the County Court at Law No. 4
Dallas County, Texas
Trial Court Cause No. CC-21-04019-D
MEMORANDUM OPINION
Before Justices Molberg, Pedersen, III, and Garcia
Opinion by Justice Pedersen, III
Before the Court is relator’s June 9, 2022 petition for writ of mandamus. In
the petition, relator challenges the trial court’s issuance of a writ of possession in the
underlying eviction proceeding.
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 certified or
sworn copy of every document that is material to 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). Because the documents included in the record
are not certified by a trial court clerk or adequately sworn copies, we conclude relator
has not met this burden.
Further, the petition does not include an adequate Rule 52.3(j) certification.
See TEX. R. APP. P. 52.3(j); In re Butler, 270 S.W.3d at 758 (applying Rule 52.3(j)
strictly).
Accordingly, we deny the petition for writ of mandamus.
220566f.p05 /Bill Pedersen, III/
BILL PEDERSEN, III
JUSTICE
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