in Re Mark Anthony Petersimes
in Re Mark Anthony Petersimes
Opinion
In The Court of Appeals Ninth District of Texas at Beaumont _________________ NO. 09-19-00107-CV _________________
IN RE MARK ANTHONY PETERSIMES ________________________________________________________________________ Original Proceeding 435th District Court of Montgomery County, Texas Trial Cause No. 02-05-03239-CV ________________________________________________________________________ MEMORANDUM OPINION In this original proceeding, Mark Anthony Petersimes asks this Court to order the trial court to vacate an order sealing documents filed in a civil commitment proceeding. 1 See generally Tex. Health & Safety Code Ann. § 841.143 (West 2017) (certain records filed in a civil commitment proceeding must be sealed); see also
Petersimes filed a procedurally defective petition. See Tex. R. App. P. 52.3.
Additionally, he failed to certify that he served a copy of the petition on the State as the real party in interest. See Tex. R. App. P. 9.5. We use Rule 2, however, to look beyond these deficiencies to reach an expeditious result. See Tex. R. App. P. 2.
Tex. R. Civ. P. 76a.2(a)(2) (excluding from Rule 76a documents in court files to which access is otherwise restricted by law).
A writ of mandamus is an extraordinary remedy that will issue only to correct a clear abuse of discretion for which the relator has no adequate remedy by appeal.
See In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding); Walker v. Packer, 827 S.W.2d 833, 839–40 (Tex. 1992) (orig. proceeding). After considering the petition and examining the exhibits contained in the appendix, we conclude that Petersimes has not established that he is entitled to mandamus relief. Accordingly, we deny the petition for a writ of mandamus. See Tex. R. App. P. 52.8(a).
PETITION DENIED.
PER CURIAM
Submitted on April 17, 2019 Opinion Delivered April 18, 2019 Before McKeithen, C.J., Kreger, and Horton, JJ.
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