Opinion issued March 25, 2010

In The

Court of Appeals

For the

First District of Texas

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NO. 01-09-00741-CV

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IN RE KADAR HAMILTON, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINIONRelator, Kadar Hamilton, has filed a petition for a writ of mandamus complaining of two orders by the trial court:

          ▪        a July 30, 2009 order granting temporary orders in a suit to modify parent-child relationship, and

          ▪        a previous order denying relator’s motion for continuance of the temporary order hearing.

          The latter order does not appear in the record on file in this mandamus proceeding, nor does the record contain copies of court reporter’s records of the pertinent hearings. Relator stated in his petition that testimony was given and exhibits were admitted at the temporary orders hearing, and he asserted that he was awaiting transcription by the court reporter. However, no reporter’s records or any copies of the exhibits have since been filed with this Court. The record that is on file with this Court in this mandamus proceeding is insufficient for this Court to determine that the trial court clearly abused its discretion.

          We deny the petition for a writ of mandamus.  PER CURIAM

Panel consists of Justices Keyes, Sharp, and Massengale.