in Re Josephine Alaniz ( 2009 )

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MEMORANDUM OPINION
No. 04-09-00194-CV
IN RE Josephine ALANIZ
Original Mandamus Proceeding1
PER CURIAM
Sitting: Karen Angelini, Justice
Phylis J. Speedlin, Justice
Rebecca Simmons, Justice
Delivered and Filed: April 22, 2009
PETITION FOR WRIT OF MANDAMUS DENIED
On April 6, 2009, relator filed a petition for writ of mandamus, seeking (1) a determination
by this court that the March 12, 2008 order relating to the termination of parental rights is an
interlocutory order, (2) to compel the trial court “to vacate the order of 12 November 2008 styled
Associate Judge’s Report and Order,” (3) to compel the trial court to vacate the adoptions granted
on October 13, 2008, and (4) to compel respondent “to set for trial the matter of the issues involving
the Intervener[’]s requests for relief.” However, relator has the burden of providing this court with
a record sufficient to establish her right to mandamus relief. See TEX . R. APP . P. 52.7(a)(1)(“Relator
… This proceeding arises out of Cause No. 2006-PA-02044, styled In the Interest of O.P. and A.P. children,
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pending in the 73rd Judicial District Court, Bexar County, Texas, the Honorable Andy Mireles presiding. However, the
orders relator complains of were signed by the Honorable Charles Montemayor, Associate Judge of the Children’s Court.
04-09-00194-CV
must file with the petition [ ] 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”); see also TEX . R. APP . P.
52.3(k)(1)(A); Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992). Here, relator has not provided
this court with all documents material to relator’s claim for relief, including but not limited to a
certified or sworn copy of the October 13, 2008 order. We conclude that relator has not shown
herself entitled to mandamus relief . Accordingly, the petition for writ of mandamus is DENIED.
See TEX . R. APP . P. 52.8(a).
PER CURIAM
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