Opinion
NO. 14-21-00005-CV
04-08-2021
IN RE JOHN GANNON, INC., Relator
ORIGINAL PROCEEDING WRIT OF MANDAMUS
125th District Court Harris County, Texas
Trial Court Cause No. 2019-67138
MEMORANDUM OPINION
On Tuesday, January 5, 2021, relator John Gannon, Inc. filed a petition for writ of mandamus in this court. See Tex. Gov't Code Ann. § 22.221; see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the Honorable Kyle Carter, presiding judge of the 125th District Court of Harris County, to render a final judgment addressing relator's request for attorney's fees.
As the parties seeking relief, relators have the burden of providing this court with a sufficient record to establish their right to mandamus relief. See Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) (orig. proceeding); Tex. R. App. P. 52.7(a)(1) (relator must file with petition "a certified or sworn copy of every document that is material to the relator's claim for relief and that was filed in any underlying proceeding.").
The mandamus record is incomplete because it does not include the parties' pleadings, summary judgments, nor responses as required by Rule 52.7(a)(1).
"To establish that the trial court abused its discretion, it is generally incumbent on relator to provide our court with a record of all material pleadings and evidence that were considered by the trial court when it ruled." In re Fields, No. 14-17-00640-CV, 2017 WL 3495396, at *1 (Tex. App.—Houston [14th Dist.] Aug. 15, 2017, orig. proceeding) (per curiam) (mem. op.). Our court has repeatedly denied mandamus relief when the record is incomplete. See e.g., In re Le, 335 S.W.3d 808, 813-14 (Tex. App.—Houston [14th Dist.] 2011, orig. proceeding) (holding this court would not find an abuse of discretion on an incomplete record); In re Haynes, No. 14-14-00668-CV, 2014 WL 4202651, at *1 (Tex. App.—Houston [14th Dist.] Aug. 26, 2014, orig. proceeding) (per curiam) (mem. op.) (without an understanding of what information was before the trial court, this court does not have a basis on which to conclude the trial court abused its discretion.).
Because relator has not provided this court with a complete record as required by Rule 52.7, we deny its petition for writ of mandamus and motion for temporary relief.
PER CURIAM Panel consists of Justices Wise, Hassan, and Wilson.