in Re Cameron Jay Scheel

No. 04-02-00638-CV

IN RE Cameron Jay SCHEEL

Original Mandamus Proceeding

Arising from the 408th Judicial District Court, Bexar County, Texas

Trial Court No. 2002-CI-11254

Honorable Janet P. Littlejohn, Judge Presiding

PER CURIAM

Sitting: Phil Hardberger, Chief Justice

Catherine Stone, Justice

Sarah B. Duncan, Justice

Delivered and Filed: September 25, 2002

PETITION FOR WRIT OF MANDAMUS DENIED

The court has considered relator's petition for writ of mandamus. The trial court's order states that "a record of testimony was made;" however, the relator did not file "a properly authenticated transcript of any relevant testimony from any underlying proceeding, including any exhibits offered in evidence." Tex. R. App. P. 52.7(a)(2). In addition, the original petition for divorce states that the "[i]nformation required by section 152.209 of the Texas Family Code is provided in the attached affidavit;" however, the original petition for divorce included in the exhibits to the mandamus petition did not include the attached affidavit. Accordingly, relator's petition for writ of mandamus is denied without prejudice to refiling a petition in compliance with rule 52 of the Texas Rules of Appellate Procedure. Relator shall pay all costs incurred in this proceeding.

PER CURIAM

DO NOT PUBLISH