DENIED and Opinion Filed March 29, 2023
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-23-00290-CV
IN RE ONCOR ELECTRIC DELIVERY COMPANY LLC, Relator
Original Proceeding from the 191st Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-16-01615
MEMORANDUM OPINION
Before Justices Molberg, Goldstein, and Breedlove
Opinion by Justice Molberg
In its March 28, 2023 petition for writ of mandamus, relator seeks relief
from the trial court’s order granting real party in interest’s motion to increase juror
pay in the underlying action.
Entitlement to mandamus relief requires relator to show that the trial court
clearly abused its discretion and that relator lacks an adequate appellate remedy. In
re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig.
proceeding). Relator bears the burden of providing the Court with a sufficient
record to show he is entitled to relief. Walker v. Packer, 827 S.W.2d 833, 837
(Tex. 1992) (orig. proceeding).
Relator’s petition does not comply with the Texas Rules of Appellate
Procedure. The documents contained in relator’s record are neither certified nor
sworn copies. See TEX. R. APP. P. 52.3(k)(1)(A), 52.7(a)(1). Additionally, relator
refers to a relevant hearing but did not include a properly authenticated transcript
of any relevant testimony or a statement that no testimony was adduced in
connection with the matter complained. See TEX. R. APP. P. 52.7(a)(2). Without a
sufficient record, relator has failed to carry its burden.
Accordingly, we deny relator’s petition for writ of mandamus. Having
denied the petition, we also deny relator’s motion for expedited relief as moot.
/Ken Molberg/
KEN MOLBERG
JUSTICE
230290F.P05
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