Opinion issued January 4, 2007
In The
Court of Appeals
For the
First District of Texas
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NO. 01-06-00734-CV
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IN RE JESUS JAY MONTALVO, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION Relator Jesus Jay Montalvo filed a petition for a writ of mandamus complaining of Judge Warne's August 3, 2006 order denying relators' "motion for enlargement of time to file documents," in which relator claimed that neither he nor his attorney (1) received notice of the trial court's June 8, 2006 order or (2) acquired actual knowledge of the signing of the order. (1) See Tex. R. Civ. P. 306a(4), (5). The mandamus record does not contain either (1) a copy of the trial court's June 8, 2006 order or (2) a properly authenticated transcript of any relevant testimony from any underlying proceeding, including any exhibits offered in evidence, or a statement that no testimony was adduced in connection with the matter complained. See Tex. R. App. P. 52.7(a) (specifying required contents of the record). The petition indicates that while relator's lawyer did not attend the "entry hearing," relator's lawyer asked another attorney to appear at the "entry hearing." The petition contains no evidence that relator's attorney who was present at the "entry hearing" did not (1) receive notice of the trial court's June 8, 2006 order or (2) acquire actual knowledge of the signing of the order.
Accordingly, we deny the petition of a writ of mandamus.
PER CURIAM
Panel consists of Justices Nuchia, Jennings, and Higley.
1. The Honorable Doug Warne, judge of the 311th District Court of Harris
County, Texas. The underlying lawsuit is In re Montalvo, No. 1988-04950
(311th Dist. Ct., Harris County, Tex.).