In Re: Gilbert Martinez and Alfredo Graces v. the State of Texas ( 2024 )

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
IN RE: § No. 08-24-00219-CV
GILBERT MARTINEZ and ALFREDO § AN ORIGINAL PROCEEDING
GARCES,
§ IN MANDAMUS
Relators.
§
§
MEMORANDUM OPINION
For the third time, Relators Gilbert Martinez and Alfredo Garces ask us to direct the
Honorable Sergio Enriquez, Presiding Judge of the 448th Judicial District Court of El Paso County,
to order Real Parties in Interest Robert Lopez and R. Lopez Scrap Metal, LLC to “comply with
the prior [post-judgment discovery] orders of the [trial court] and produce the requested documents
for the prior four years and pay sanctions[.]”
Relators bear the burden of providing this Court with a sufficient record to establish their
right to mandamus relief. Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992). Although the
mandamus record produced in connection with this petition includes additional documents, it still
does not include the transcripts from the relevant hearings. See Tex. R. App. P. 52.7(a)(2) (“Relator
must file with the petition a properly authenticated transcript of any relevant testimony from any
underlying proceeding, including any exhibits offered in evidence, or a statement that no testimony
was adduced in connection with the matter complained.”); In re Martinez, No. 08-24-00120-CV,
2024 WL 2801928, at *1 (Tex. App.—El Paso May 31, 2024, orig. proceeding, no pet. h.) (mem.
op.); In re Martinez, No. 08-24-00023-CV, 2024 WL 1723958, at *1–2 (Tex. App.—El Paso Apr.
22, 2024, orig. proceeding, no pet. h.) (mem. op.). As we stated before, given the nature of the
relief requested, the trial court’s statements at the hearings are relevant to the record in this
mandamus petition. In re Martinez, 2024 WL 2801928, at *1 (referencing Tex. R. App. P.
52.7(a)(2); Walker, 827 S.W.2d at 837 n.3). If no record was made at any or all of the relevant
hearings, Relators bear a burden of filing a statement to that effect.
Because Relators have not provided us with a record sufficient to establish their right to
mandamus relief, we deny their petition for writ of mandamus.
LISA J. SOTO, Justice
July 29, 2024
Before Alley, C.J., Palafox, and Soto, JJ.
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