in Re Joseph Pasquale DeSimone ( 2022 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-22-00555-CV
In re Joseph Pasquale DeSimone
ORIGINAL PROCEEDING FROM TRAVIS COUNTY
MEMORANDUM OPINION
Relator Joseph Pasquale DeSimone has filed a petition for writ of mandamus
seeking relief from a temporary order rendered in a suit affecting the parent-child relationship
(SAPCR) requiring him to pay $108,744.25 in interim attorney’s fees to the attorney for
real party in interest Candyce Zook. See Tex. Fam. Code § 109.001(a)(5). A party seeking
mandamus relief has the burden of providing this Court with a sufficient record to establish
his right to such relief. See Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992); see Tex. R.
App. P. 52.7(a) (providing that mandamus record must contain, among other things, “properly
authenticated copies” of “any exhibits offered in evidence”).
This record does not meet the requirements of Rule 52.7; therefore, this Court
lacks a record sufficient to assess the right to mandamus relief. We accordingly deny relief.
See Tex. R. App. P. 52.8(a).1
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We dismiss as moot DeSimone’s “Emergency Motion to Stay Deadline to Pay Interim
Attorney’s Fee Award.”
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Thomas J. Baker, Justice
Before Justices Goodwin, Baker, and Kelly
Filed: October 26, 2022
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