Opinion issued February 20, 2003
In The
Court of Appeals
For The
First District of Texas
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NO. 01-03-00050-CV
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IN RE DAVID YOUNG, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, David Young, requests that this Court compel respondent (1) to comply with a discovery order issued by respondent in cause number 925751. We deny the petition for writ of mandamus.
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, Jennings, and Alcala.
Do not publish. Tex. R. App. P. 47.2(b).
1.