in Re: Maurice Joel Herod

DENY and Opinion Filed March 25, 2022
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-00239-CV
IN RE MAURICE JOEL HEROD, Relator
Original Proceeding from the 305th Judicial District Court
Dallas County, Texas
Trial Court Cause No. JC-20-00470
MEMORANDUM OPINION
Before Justices Osborne, Partida-Kipness, and Smith
Opinion by Justice Smith
Relator’s March 22, 2022 petition for writ of mandamus challenges: (1) the
trial court’s denial of summary judgment, and (2) the trial court’s denial of his
demand for dismissal. Entitlement to mandamus relief requires relator to show that
the trial court clearly abused its discretion and that he lacks an adequate appellate
remedy. In re Prudential Ins. Co., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig.
proceeding).
As the party seeking relief, relator has the burden of providing the Court with
a certified or sworn copy of every document that is material to establishing his right
to mandamus relief. See TEX. R. APP. P. 52.3(k), 52.7(a); In re Butler, 270 S.W.3d
757, 759 (Tex. App.—Dallas 2008, orig. proceeding) (requiring relator to submit a
record containing certified or sworn copies). Based on the record before us, we
conclude relator has not met this burden. Accordingly, we deny the petition for writ
of mandamus without prejudice to refiling a petition with a record that complies with
Texas Rule of Appellate Procedure 52. See TEX. R. APP. P. 52.3(k), 52.7(a).
/Craig Smith/
CRAIG SMITH
JUSTICE
220239F.P05
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