Garber v. Texas - Motion or Writ Denied
Summary
The Texas Court of Appeals, 6th District, denied John Henry Garber's petition for a writ of mandamus. The court found the petition lacked the required certification that factual statements were supported by competent evidence, as mandated by Texas Rule of Appellate Procedure 52.3(k).
What changed
The Texas Court of Appeals, 6th District, has denied a petition for a writ of mandamus filed by John Henry Garber. The relator sought to compel a trial court to rule on pending motions in three separate cases. The appellate court's decision was based on Garber's failure to comply with Texas Rule of Appellate Procedure 52.3(k), which requires a certification that all factual statements in the petition are supported by competent evidence in the record.
This denial signifies that the relator's request to compel the trial court's action has been unsuccessful due to procedural deficiencies. For legal professionals involved in mandamus proceedings in Texas, this serves as a reminder of the strict adherence required for procedural rules, particularly Rule 52.3(k), concerning the certification of factual support. Failure to meet these requirements can lead to the dismissal of the petition, as demonstrated in this case.
Source document (simplified)
Jump To
Top Caption Disposition Lead Opinion
Support FLP
CourtListener is a project of Free
Law Project, a federally-recognized 501(c)(3) non-profit. Members help support our work and get special access to features.
Please become a member today.
March 16, 2026 Get Citation Alerts Download PDF Add Note
In Re John Henry Garber v. the State of Texas
Texas Court of Appeals, 6th District (Texarkana)
- Citations: None known
- Docket Number: 06-26-00033-CR
- Nature of Suit: Mandamus
Disposition: Motion or Writ Denied
Disposition
Motion or Writ Denied
Lead Opinion
In the
Court of Appeals
Sixth Appellate District of Texas at Texarkana
No. 06-26-00033-CR
IN RE JOHN HENRY GARBER
Original Mandamus Proceeding
Before Stevens, C.J., van Cleef and Rambin, JJ.
Memorandum Opinion by Justice Rambin
MEMORANDUM OPINION
Relator, John Henry Garber, has filed a petition for a writ of mandamus asking this Court
to compel the trial court to rule on pending motions in three cases in the trial court.
Garber’s petition, however, lacks the required certification that he “has reviewed the
petition and concluded that every factual statement in the petition is supported by competent
evidence included in the appendix or record.” TEX. R. APP. P 52.3(k); see CMH Homes v. Perez,
340 S.W.3d 444, 453 n.8 (Tex. 2011) (remanding a matter that could not be considered as an
appeal for consideration as a mandamus petition, expressing confidence that the briefing would
be revised to “fully comply with Rule 52 on remand to the court of appeals”); In re Accident
Fund Gen. Ins. Co., 543 S.W.3d 750, 752 (Tex. 2017) (per curiam) (orig. proceeding) (denying a
petition for non-compliance with Rules 52.1, 52.3(e), and 52.7 of the Texas Rules of Appellate
Procedure).
Accordingly, we deny Garber’s petition.
Jeff Rambin
Justice
Date Submitted: March 13, 2026
Date Decided: March 16, 2026
Do Not Publish
2
Related changes
Source
Classification
Who this affects
Taxonomy
Browse Categories
Get Courts & Legal alerts
Weekly digest. AI-summarized, no noise.
Free. Unsubscribe anytime.
Get alerts for this source
We'll email you when Texas Court of Appeals publishes new changes.