in Re Mark Anthony Petersimes ( 2019 )

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-19-00107-CV
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IN RE MARK ANTHONY PETERSIMES
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Original Proceeding
435th District Court of Montgomery County, Texas
Trial Cause No. 02-05-03239-CV
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MEMORANDUM OPINION
In this original proceeding, Mark Anthony Petersimes asks this Court to order
the trial court to vacate an order sealing documents filed in a civil commitment
proceeding. 1 See generally Tex. Health & Safety Code Ann. § 841.143 (West 2017)
(certain records filed in a civil commitment proceeding must be sealed); see also
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Petersimes filed a procedurally defective petition. See Tex. R. App. P. 52.3.
Additionally, he failed to certify that he served a copy of the petition on the State as
the real party in interest. See Tex. R. App. P. 9.5. We use Rule 2, however, to look
beyond these deficiencies to reach an expeditious result. See Tex. R. App. P. 2.
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Tex. R. Civ. P. 76a.2(a)(2) (excluding from Rule 76a documents in court files to
which access is otherwise restricted by law).
A writ of mandamus is an extraordinary remedy that will issue only to correct
a clear abuse of discretion for which the relator has no adequate remedy by appeal.
See In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig.
proceeding); Walker v. Packer, 827 S.W.2d 833, 839–40 (Tex. 1992) (orig.
proceeding). After considering the petition and examining the exhibits contained in
the appendix, we conclude that Petersimes has not established that he is entitled to
mandamus relief. Accordingly, we deny the petition for a writ of mandamus. See
Tex. R. App. P. 52.8(a).
PETITION DENIED.
PER CURIAM
Submitted on April 17, 2019
Opinion Delivered April 18, 2019
Before McKeithen, C.J., Kreger, and Horton, JJ.
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