in Re Robert Babcock, Relator ( 2015 )

In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-14-00432-CV
IN RE ROBERT BABCOCK, RELATOR
OPINION ON ORIGINAL PROCEEDING FOR WRIT OF MANDAMUS
January 5, 2015
MEMORANDUM OPINION
Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.
Pending before the court is relator’s application for writ of mandamus asking us
to order the court reporter of the 100th Judicial District Court of Donley County to file “a
complete and accurate Reporter’s Record” of his trial with the court of appeals. The
reporter has purportedly not done so.
First, relator Robert Babcock is required to file a petition that contains those
requirements set forth in Rule 52.3 of the Texas Rules of Appellate Procedure as well
as an appendix. He has not done so. Particularly, we note that although relator states
that he has filed a motion with the trial court for the court reporter to file a complete and
accurate reporter’s record, he has not provided us with a copy of the same or any order
entered by the trial court on that motion.
Second, we have no jurisdiction to issue a writ of mandamus except against a
district or county judge or as may be necessary to protect our jurisdiction. TEX. GOV’T
CODE ANN. § 22.221 (West 2004); In re Simmonds, 271 S.W.3d 874, 878 (Tex. App.—
Waco 2008, orig. proceeding); compare Chase Oil & Gas Ltd. v. Dearen, 801 S.W.2d 3,
5 (Tex. App.—Waco 1990, orig. proceeding ) (stating that a mandamus may issue
against a court reporter to protect the jurisdiction of the court of appeals). Our records
do not show that relator has an appeal pending with this court, and he does not provide
us with any information in that regard. Therefore, we have no authority to enter an
order of mandamus against the court reporter.
Third, mandamus is an extraordinary remedy and is available only when no other
adequate remedy exists. In re C.S., 277 S.W.3d 82, 84 (Tex. App.—Amarillo 2009,
orig. proceeding). Relator does not explain how the reporter’s record is incomplete or
inaccurate. Moreover, even assuming that relator has a pending appeal, Rule 34.6 of
the Texas Rules of Appellate Procedure provides for supplementation and correction of
inaccuracies in the reporter’s record. Therefore, relator has an adequate remedy
outside of mandamus.
Accordingly, the petition for writ of mandamus is denied.
Brian Quinn
Chief Justice
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