in Re Salatiel Polanco D/B/A D&C Trucking ( 2016 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-16-00660-CV
IN RE Salatiel POLANCO d/b/a D&C Trucking
Original Mandamus Proceeding 1
PER CURIAM
Sitting: Marialyn Barnard, Justice
Patricia O. Alvarez, Justice
Jason Pulliam, Justice
Delivered and Filed: December 7, 2016
PETITION FOR WRIT OF MANDAMUS DENIED
Relator filed a petition for writ of mandamus on October 10, 2016, complaining of a trial
court order compelling Relator to respond to discovery and present himself for a deposition.
A party seeking mandamus relief bears the burden of providing the appellate court with a
record sufficient to establish the party’s right to relief. Walker v. Packer, 827 S.W.2d 833, 837
(Tex. 1992). The record should include a properly authenticated transcript if there was an
evidentiary hearing and “a certified or sworn copy of every document that is material to the
relator’s claim for relief and that was filed in any underlying proceeding.” TEX. R. APP. 52.7(a)(1);
Walker, 827 S.W.2d at 837.
1
This proceeding arises out of Cause No. 14-12-30420-MCV, styled Margarita Trevino, Individually and as
Representative of the Estate of Melissa Trevino v. Salatiel Polanco d/b/a D & C Trucking, Highway Barricades and
Services, L.L.C., Anderson Columbia Co., Inc., and Flasher Equipment Co., pending in the 293rd Judicial District
Court, Maverick County, Texas, the Honorable Cynthia L. Muniz presiding.
04-16-00660-CV
Relator filed no record with his petition for writ of mandamus and the documents contained
in the appendix to his petition include only a copy of the order compelling discovery and copies
of two pieces of correspondence that have no bearing on the merits of Relator’s petition for writ
of mandamus. Relator has not provided this court with a record sufficient to establish his claim
for relief. Accordingly, the petition for writ of mandamus is denied. See TEX. R. APP. P. 52.8(a).
PER CURIAM
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