In Re Roberto Antonio Hernandez v. the State of Texas

CourtListener 10731432Txctapp8Oct 29, 2025

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COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
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No. 08-25-00251-CV
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In re Roberto Antonio Hernandez, Relator

AN ORIGINAL PROCEEDING IN MANDAMUS

M E MO RA N D UM O PI NI O N
In this original proceeding, Relator, Roberto Antonio Hernandez, seeks mandamus relief

from the trial court’s orders granting summary judgment against him below.

A relator bears the burden of providing the Court with a record that is sufficient to show

that he is entitled to mandamus relief. Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) (orig.

proceeding). Hernandez has not provided this Court with a record to show he is entitled to relief.

The petition does not comply with the Texas Rules of Appellate Procedure; the petition’s

certification is deficient, and it does not contain sworn or certified documents in an appendix. See
Tex. R. App. P. 52.3(j) (requiring the person filing the petition to certify that “he or she has

reviewed the petition and concluded that every factual statement in the petition is supported by

competent evidence included in the appendix”); Tex. R. App. P. 52.3(k)(1)(B) (requiring a certified

or sworn copy of any order complained of, or any other document showing the matter complained

of). Accordingly, we deny the petition.

GINA M. PALAFOX, Justice

October 29, 2025

Before Salas Mendoza, C.J., Palafox and Soto, JJ.

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