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MEMORANDUM OPINION
No. 04-09-00604-CV
IN RE Ana ACEVEDO
Original Mandamus Proceeding1
PER CURIAM
Sitting: Karen Angelini, Justice
Phylis J. Speedlin, Justice
Steven C. Hilbig, Justice
Delivered and Filed: October 7, 2009
PETITION FOR WRIT OF MANDAMUS DENIED
On September 24, 2009, relator Ana Acevedo filed a petition for writ of mandamus, seeking
to compel the trial court to vacate its September 11, 2009 “Order for Issuance of Writ of
Attachment.” However, relator has the burden of providing this court with a record sufficient to
establish her right to mandamus relief. See TEX . R. APP . P. 52.7(a) (“Relator must file with the
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”); see also TEX . R. APP . P. 52.3(k)(1)(A);
Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992). The record only includes the writ of
1
… This proceeding arises out of Cause No. 08-CI-09529, styled In the Interest of S.K., pending in the 408th
Judicial District Court, Bexar County, Texas, the Honorable Larry Noll presiding. However, the order complained of
was signed by the Honorable M ichael Peden, presiding judge of the 285th Civil District Court, Bexar County, Texas.
04-09-00604-CV
attachment and the order issuing the writ of attachment. The record fails to include the petitions and
motions discussed in the petition for writ of mandamus. In addition, relator fails to provide this
court with a transcript of the hearing held in the trial court on September 11, 2009.
Based on the record before us, we conclude that relator has not established the trial court
abused its discretion. See In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135 (Tex. 2004) (orig.
proceeding); Walker, 827 S.W.2d at 839-40. Accordingly, the petition for writ of mandamus is
DENIED. TEX . R. APP . P. 52.8(a).
PER CURIAM
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