Summary
The Texas Court of Appeals, Third District, treated Sabian A. Alexander’s ambiguously captioned submission as a petition for writ of mandamus and denied it. The court held that Alexander failed to identify the precise relief and proper respondent and failed to provide a record or certified or sworn copies of materials necessary to establish entitlement to mandamus relief.
Holdings
- The court treated Alexander's ambiguously captioned appellate submission as a petition for writ of mandamus.
- A mandamus relator must properly request the relief sought and provide a record sufficient to establish entitlement to mandamus relief; failure to provide any record supports denial of the petition.
Questions Presented
- Whether Alexander's ambiguously captioned appellate submission should be treated as a petition for writ of mandamus.
- Whether Alexander established entitlement to mandamus relief despite failing to identify the requested relief and respondents clearly and failing to provide a sufficient record or supporting documents.
Disposition
writ_denied
Cases Cited (4)
- Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992)(followed)
- In re Roberts, No. 03-12-00513-CV, 2012 WL 3629367, at *1–2 (Tex. App.—Austin Aug. 21, 2012, no pet.) (mem. op.)(followed)
- Barnes v. State, 832 S.W.2d 424, 426 (Tex. App.—Houston [1st Dist.] 1992, orig. proceeding) (per curiam)(followed)
- In re Blakeney, 254 S.W.3d 659, 661 (Tex. App.—Texarkana 2008, orig. proceeding)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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