Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-17-00464-CV
IN RE Davide PESCA
Original Mandamus Proceeding 1
PER CURIAM
Sitting: Marialyn Barnard, Justice
Patricia O. Alvarez, Justice
Irene Rios, Justice
Delivered and Filed: August 2, 2017
PETITION FOR WRIT OF MANDAMUS DENIED
On July 20, 2017, Relator filed a petition for writ of mandamus. The entire record filed by
Relator in support of the petition for writ of mandamus consisted of an “Order Granting in Part
and Denying in Part Defendant/Counter-Plaintiff’s Motion to Compel” dated May 3, 2017, and a
document labeled “Ct’s Exhibit A.” “Ct’s Exhibit A” is a spreadsheet showing discovery requests
and objections with handwritten notes next to the objections. “Ct’s Exhibit A” does not reflect
whether it was filed with the trial court, who made the notes on it, nor does Relator refer to the
Exhibit in his petition. The May 3 order requires Relator comply with the order no later than May
19, 2017.
1
This proceeding arises out of Cause No. 2016CI21044, styled Davide Pesca v. Nice Group USA, Inc., pending in the
37th Judicial District Court, Bexar County, Texas, the Honorable Michael E. Mery presiding.
04-17-00464-CV
A party seeking mandamus relief bears the burden of providing this court with a record
sufficient to establish its right to relief. Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992). The
record must include “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.” TEX. R. APP. 52.7(a)(1). Relator
has not provided this court with a record sufficient to establish his claim for relief. Due to the lack
of an adequate mandamus record, we are unable to determine whether the trial court abused its
discretion. Accordingly, the petition for writ of mandamus is denied. See TEX. R. APP. P. 52.8(a).
PER CURIAM
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