Opinion issued May 15, 2003
In The
Court of Appeals
For The
First District of Texas
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NO. 01-03-00430-CV
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IN RE DAVID W. JACKSON, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator requests that this Court compel respondent, the Honorable Caprice Cosper, Judge of the 339th District Court, to conduct hearings on various pro se post-trial motions that he filed in cause number 868747. (1) We deny the petition for writ of mandamus.
We initially observe that the petition does not include a certificate of service indicating that respondent was served with a copy, as required by the Rules of Appellate Procedure. See Tex. R. App. P. 9.5.
In addition, there are three prerequisites for the issuance of a writ of mandamus by an appellate court, namely: (1) the lower court must have a legal duty to perform a nondiscretionary act; (2) the relator must make a demand for performance; and (3) the subject court must refuse that request. Barnes v. State, 832 S.W.2d 424, 426 (Tex. App.--Houston [1st Dist.] 1992, orig. proceeding). Relator has not provided us with a record that shows that he made any request of the respondent to perform a nondiscretionary act that respondent refused.
The petition for writ of mandamus is therefore denied.
It is so ORDERED.
PER CURIAM
Panel consists of Justices Hedges, Nuchia, and Keyes.
1.