in Re Eustorgio Guzman Resendez ( 2008 )

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MEMORANDUM OPINION
No. 04-08-00613-CV
IN RE Eustorgio RESENDEZ
Original Mandamus Proceeding1
PER CURIAM
Sitting: Alma L. López, Chief Justice
Sandee Bryan Marion, Justice
Rebecca Simmons, Justice
Delivered and Filed: September 24, 2008
PETITION FOR WRIT OF MANDAMUS DENIED
Relator Eustorgio Resendez has filed a petition for writ of mandamus complaining of the
district court’s failure to set a hearing date to hear his petition for declaratory judgment consistent
with this Court’s opinion in Resendez v. Garcia, No. 04-05-00081-CV, 2005 WL 2654069 (Tex.
App.—San Antonio October 19, 2005, orig. proceeding) (mem. op.), which reversed and remanded
the case to the district court. Relator’s burden in a mandamus proceeding is to provide this court
with a record sufficient to establish his right to relief. Walker v. Packer, 827 S.W.2d 833, 837 (Tex.
… This proceeding arises out of Cause No. DC-02-268(A), styled Eustorgio Guzman
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Resendez v. Juan Garcia and Heriberto Silva, filed in the 229th Judicial District Court, Starr
County, Texas.
04-08-00613-CV
1992); see also TEX . R. APP . P. 52.3(j), 52.7(a). Relator has not provided this court with a record
upon which mandamus relief may be granted. Because relator is not entitled to the relief sought, the
petition is denied. TEX . R. APP . P. 52.8(a).
Additionally, relator filed an Application for Leave to File Petition for Writ of Mandamus.
No leave is required to file a petition for a writ of mandamus in this court. TEX . R. APP . P. 52.
Therefore, relator’s motion for leave to file is denied as moot.
PER CURIAM
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