IN RE: FREDERICK MARK MOSELEY

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Court of Appeals of Texas, Dallas.

IN RE: FREDERICK MARK MOSELEY, Relator

No. 05-17-01125-CV

Decided: October 04, 2017

Before Justices Francis, Brown, and Whitehill

MEMORANDUM OPINION

Before the Court is relator's September 26, 2017 petition for writ of mandamus. To be entitled to mandamus relief, a relator must show both that the trial court has clearly abused its discretion and that relator has no adequate appellate remedy. In re Prudential Ins. Co., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). It is relator's burden to provide this Court with a record sufficient to establish his right to relief. Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) (orig. proceeding); TEX. R. APP. P. 52.3(g), 52.3(k), 52.7(a). Absent such a record, we cannot conduct a meaningful review of relator's claims. Lizcano v. Chatham, 416 S.W.3d 862, 863 (Tex. Crim. App. 2011) (orig. proceeding) (Alcala, J. concurring)

Here, relator's petition does not include an appendix or sworn record and, therefore, fails to meet the requirements of the Texas Rules of Appellate Procedure. TEX. R. APP. P. 52.3(g), 52.3(k), 52.7(a). On this record, the Court is unable to conduct a meaningful review of the order of which relator complains.

Accordingly, we deny relator's petition for writ of mandamus.

MOLLY FRANCIS JUSTICE