in Re: William Hayes Wyttenbach ( 2012 )

NUMBERS 13-12-00758-CV, 13-12-00759-CV,
& 13-12-00760-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE WILLIAM HAYES WYTTENBACH
On Petition for Writ of Mandamus.
MEMORANDUM OPINION
Before Justices Garza, Benavides, and Perkes
Per Curiam Memorandum Opinion1
Relator, William Hayes Wyttenbach, proceeding pro se, filed a petition for writ of
mandamus in the above causes on December 17, 2012, through which he requests that
we order that: (1) the trial court erred in concluding that relator was in arrears on his
child support; (2) the State of Texas has no jurisdiction “in a new original petition
between the underlying parties;” (3) the State of Texas “has no continuing jurisdiction in
1
See TEX. R. APP. P. 52.8(d) (“When denying relief, the court may hand down an opinion but is
not required to do so.”); TEX. R. APP. P. 47.4 (distinguishing opinions and memorandum opinions).
the underlying matter;” (4) all orders made after filing a new petition are void; and (5)
that the trial court is barred from making “any new orders of any kind in the underlying
matter.”
To be entitled to the extraordinary relief of a writ of mandamus, the relator must
show that the trial court abused its discretion and that there is no adequate remedy by
appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig.
proceeding). The relator has the burden of establishing both prerequisites to
mandamus relief. In re CSX Corp., 124 S.W.3d 149, 151 (Tex. 2003) (orig.
proceeding); see Barnes v. State, 832 S.W.2d 424, 426 (Tex. App.—Houston [1st Dist.]
1992, orig. proceeding) (“Even a pro se applicant for a writ of mandamus must show
himself entitled to the extraordinary relief he seeks.”). This burden is a heavy one. See
In re Epic Holdings, Inc., 985 S.W.2d 41 (Tex. 1998) (orig. proceeding).
In addition to other requirements, the relator must include a statement of facts
supported by citations to “competent evidence included in the appendix or record,” and
must also provide “a clear and concise argument for the contentions made, with
appropriate citations to authorities and to the appendix or record.” See generally TEX.
R. APP. P. 52.3. In this regard, it is clear that relator must furnish an appendix or record
sufficient to support the claim for mandamus relief. See id. R. 52.3(k) (specifying the
required contents for the appendix); R. 52.7(a) (specifying the required contents for the
record).
The Court, having examined and fully considered the petition for writ of
mandamus, is of the opinion that relator has not shown himself entitled to the relief
2
sought. Accordingly, the petition for writ of mandamus filed in these causes is DENIED.
See id. R. 52.8(a).
PER CURIAM
Delivered and filed the
18th day of December, 2012.
3