in Re: Ten Hagen Excavating ( 2014 )

DENY; and Opinion Filed April 22, 2014.
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-00471-CV
IN RE TEN HAGEN EXCAVATING, Relator
On Appeal from the County Court at Law No. 1
Dallas County, Texas
Trial Court Cause No. CC-11-00454-A
MEMORANDUM OPINION
Before Justices Moseley, Fillmore, and Evans
Opinion by Justice Fillmore
The Court has before it relator’s petition for writ of mandamus in which relator
requests that the Court direct the trial court to vacate its order, entered after a hearing,
denying a physical examination of real party Jose Lopez-Castro by relator’s physician
expert. The facts and issues are well known to the parties, so we need not recount them
herein. The mandamus record is not complete. See TEX. R. APP. P. 52.7(a); In re Le, 335
S.W.3d 808, 813 (Tex. App.—Houston [14th Dist.] 2011, no pet.) (“Those seeking the
extraordinary remedy of mandamus must follow the applicable procedural rules. Chief
among these is the critical obligation to provide the reviewing court with a complete and
adequate record.”). Based on the record before us, we conclude relator has not shown it
is entitled to the relief requested. See TEX. R. APP. P. 52.8(a); Walker v. Packer, 827
S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding). For all of the reasons set forth
above, we DENY the petition for writ of mandamus.
/Robert M. Fillmore/
ROBERT M. FILLMORE
JUSTICE
140471F.P05
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