in Re: Patrick Edward Brown ( 2014 )

DENY; and Opinion Filed February 26, 2014.
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-00169-CV
IN RE PATRICK EDWARD BROWN, Relator
Original Proceeding from the 14th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-13-11859
MEMORANDUM OPINION
Before Justices O'Neill, Lang, and Brown
Opinion by Justice O'Neill
Before the Court is relator’s petition for writ of mandamus. Relator contends that the
trial court clearly abused its discretion in dismissing his case for want of prosecution despite his
motion to compel arbitration and his objection to the date of the dismissal hearing. The facts and
issues are well known to the parties, so we need not recount them herein. Relator’s petition does
not comply with Rule 52.3 of the Texas Rules of Appellate Procedure. Relator has failed to
provide a certified or sworn copy of the order complained of, has failed to provide an appendix,
and has failed to certify that every factual statement in the petition is supported by competent
evidence in the record. See TEX. R. APP. P. 52.3(g), (j) & (k). Thus, based on the record before
us, the relator has not shown he 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). Moreover, even
taking all of relator’s allegations as true, the petition demonstrates that relator has an adequate
remedy by appeal. Walker, 827 S.W.2d at 842. Accordingly, we DENY the petition for writ of
mandamus.
/Michael J. O'Neill/
MICHAEL O’NEILL
JUSTICE
140169F.P05
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