Opinion
No. 04-08-00613-CV
Delivered and Filed: September 24, 2008.
This proceeding arises out of Cause No. DC-02-268(A), styled Eustorgio Guzman Resendez v. Juan Garcia and Heriberto Silva, filed in the 229th Judicial District Court, Starr County, Texas.
Sitting: ALMA L. LóPez, Chief Justice, SANDEE BRYAN MARION, Justice, REBECCA SIMMONS, Justice.
MEMORANDUM OPINION
PETITION FOR WRIT OF MANDAMUS DENIED
Relator Eustorgio Resendez has filed a petition for writ of mandamus complaining of the district court's failure to set a hearing date to hear his petition for declaratory judgment consistent with this Court's opinion in Resendez v. Garcia, No. 04-05-00081-CV, 2005 WL 2654069 (Tex.App.-San Antonio October 19, 2005, orig. proceeding) (mem. op.), which reversed and remanded the case to the district court. Relator's burden in a mandamus proceeding is 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); see also Tex. R. App. P. 52.3(j), 52.7(a). Relator has not provided this court with a record upon which mandamus relief may be granted. Because relator is not entitled to the relief sought, the petition is denied. Tex. R. App. P. 52.8(a).
Additionally, relator filed an Application for Leave to File Petition for Writ of Mandamus. No leave is required to file a petition for a writ of mandamus in this court. Tex. R. App. P. 52. Therefore, relator's motion for leave to file is denied as moot.