Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
IN RE: Stephen MCCARTY, Relator
OPINION
On April 3, 2020, relator Stephen McCarty filed a petition for writ of mandamus in this court. See Tex. Gov't Code Ann. § 22.221; see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the Honorable David Perwin, presiding judge of the 505th District Court of Fort Bend County, to vacate his April 3, 2020 order setting aside the jury's verdict and granting a new trial on conservatorship, possession, and access in the underlying divorce action.
Relator has the burden to provide this court with a sufficient record to establish his right to mandamus relief. See Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) (orig. proceeding). Relator has not provided a sworn or certified copy of every document that is material to his claim for relief and that was filed in the underlying proceeding. See Tex. R. App. P. 52.7(a); see also 52.3(k)(1)(A).
Relator also filed a motion to stay the trial court's proceedings. Relator, however, has not shown that he sought a stay of the proceedings in the trial court before requesting such relief in this court.
Relator has not shown that he is entitled to mandamus relief. Accordingly, we deny both relator's petition for writ of mandamus and motion to stay without prejudice to refiling.
PER CURIAM
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Docket No: NO. 14-20-00253-CV
Decided: April 09, 2020
Court: Court of Appeals of Texas, Houston (14th Dist.).
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)