Court of Appeals of Texas, 2011

in Re: Keith Russell Judd

in Re: Keith Russell Judd
Court of Appeals of Texas · Decided April 5, 2011 · No. 06-11-00035-CV
in Re: Keith Russell Judd

Opinion

In The Court of Appeals

Sixth Appellate District of Texas at Texarkana

______________________________

No. 06-11-00035-CV ______________________________ IN RE: KEITH RUSSELL JUDD Original Mandamus Proceeding

Before Morriss, C.J., Carter and Moseley, JJ.

Memorandum Opinion by Justice Moseley

MEMORANDUM OPINION

Keith Russell Judd has petitioned this Court for mandamus relief. Judd claims he has filed a petition in the trial court to dissolve an alleged common-law marriage. We deny Judd’s requested relief.

Mandamus issues only when the mandamus record establishes (1) a clear abuse of discretion or the violation of a duty imposed by law and (2) the absence of a clear and adequate remedy at law. Walker v. Packer, 827 S.W.2d 833, 839–40 (Tex. 1992); see In re Columbia Med. Ctr. of Las Colinas, Subsidiary, L.P., 290 S.W.3d 204, 207 (Tex. 2009). It is the relator’s burden to provide this Court with a sufficient record to establish the right to mandamus relief. Walker, 827 S.W.2d at 837; In re Pilgrim’s Pride Corp., 187 S.W.3d 197, 198–99 (Tex. App.––Texarkana 2006, orig. proceeding); see TEX. R. APP. P. 52.3.

Judd has provided this Court with no documents supporting his request. There is neither a certified copy of the motion Judd claims to have filed in the trial court, nor any copies of the “several motions for default” Judd claims to have presented to the trial court.

We find Judd has failed to demonstrate he is entitled to the extraordinary remedy of mandamus relief.

We, therefore, deny his petition.

Bailey C. Moseley Justice

Date Submitted: April 4, 2011 Date Decided: April 5, 2011

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