NUMBER 13-10-00597-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE: LEOPOLDO LEAL
On Petition for Writ of Mandamus.
MEMORANDUM OPINION
Before Justices Yañez, Garza, and Benavides
Per Curiam Memorandum Opinion
Relator, Leopoldo Leal, pro se, filed a petition for writ of mandamus in the above
cause on October 22, 2010, complaining generally that the trial court has discriminated
against him because he has not retained counsel to represent him in his civil lawsuit
wherein he seeks damages for an alleged theft. We deny the petition for writ of
mandamus.
It is the relator's burden to provide this Court with a sufficient petition and record
to establish his right to mandamus relief. See generally TEX. R. APP. P. 52. Specifically,
for instance, the relator must file an appendix with the petition for writ of mandamus,
and the appendix must include, inter alia, a certified or sworn copy of any order
complained of, or any other document showing the matter complained of. See id.
52.3(k). The relator must also file a record including 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,” and “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 id. 52.7(a). Further, relator must file a certification with the petition for the petition
for writ of mandamus stating that every factual statement in the petition is supported by
competent evidence included in the appendix or record. See id. 52.3(j). Finally, the
petition for writ of mandamus must contain a “clear and concise argument for the
contentions made, with appropriate citations to authorities and to the appendix or
record.” See id. 52.3(h). In the instant case, relator has failed to meet these
requirements and has thus failed to provide this Court with a petition and record
sufficient to establish his right to mandamus relief.
The Court, having examined and fully considered the petition for writ of
mandamus, is of the opinion that relator has not shown himself entitled to the relief
sought. Accordingly, the petition for writ of mandamus is DENIED. See id. 52.8(a).
PER CURIAM
Memorandum Opinion delivered the
26th day of October, 2010.