In Re: Kenneth Ray Hall v. the State of Texas ( 2023 )

DENIED and Opinion Filed August 10, 2023
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-23-00752-CV
IN RE KENNETH RAY HALL, Relator
Original Proceeding from the 194th Judicial District Court
Dallas County, Texas
Trial Court Cause No. F09-52101
MEMORANDUM OPINION
Before Justices Molberg, Goldstein, and Breedlove
Opinion by Justice Breedlove
In his July 28, 2023 petition for writ of mandamus, relator seeks relief from a
trial court’s purported failure to rule on his supplemental motion for nunc pro tunc
order. Relator makes various other complaints, but it is not clear whether he seeks
relief from this Court to address them.
Entitlement to mandamus relief requires relator to show that the trial court
clearly abused its discretion and that relator lacks an adequate appellate remedy.
In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig.
proceeding). When the requested relief is to compel a trial court to rule on a motion,
relator must show (1) the trial court had a legal duty to rule on the motion, (2) relator
requested a ruling, and (3) the trial court failed or refused to do so within a reasonable
time. In re Prado, 522 S.W.3d 1, 2 (Tex. App.—Dallas 2017, orig. proceeding)
(mem. op.). It is relator’s burden to provide a record sufficient to establish his right
to mandamus relief. Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) (orig.
proceeding); see also TEX. R. APP. P. 52.3(k)(1)(A), 52.7(a)(1).
Relator’s petition does not comply with the Texas Rules of Appellate
Procedure in numerous respects. See, e.g., TEX. R. APP. P. 52.1, 52.3(a)–(k), 52.7(a).
For instance, a petition seeking mandamus relief must include a certification stating
that the relator “has reviewed the petition and concluded that every factual statement
in the petition is supported by competent evidence included in the appendix or
record.” TEX. R. APP. P. 52.3(j). Relator failed to certify his petition.
Additionally, Rule 52.3(k)(1)(A) requires a relator to file an appendix with his
petition that contains “a certified or sworn copy of any order complained of, or any
other document showing the matter complained of.” TEX. R. APP. P. 52.3(k)(1)(A).
Rule 52.7(a)(1) requires the relator to file with his petition “a certified or sworn copy
of every document that is material to the relator’s claim for relief that was filed in
any underlying proceeding.” TEX. R. APP. P. 52.7(a)(1). Relator failed to include
with his petition any documents material to his claim for relief.
Accordingly, we deny relator’s petition for writ of mandamus.
230752f.p05 /Maricela Breedlove/
MARICELA BREEDLOVE
JUSTICE
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