Relator, Present Thyself.

The relator in In re Tunad Enterprises challenged a sanction; the Fifth Court found presentment problems with two key arguments:

• as to whether the required pretrial payment will substantially harm the relator and have a preclusive effect on his ability to continue to prosecute the case – a colorable argument, in the abstract – “Relator did not make this argument in the trial court and presented no evidence of the alleged harm”; and
• as to an issue with the trial court’s subject matter jurisdiction that was pending in a Rule 91 motion, “it is premature to seek a writ of mandamus without the trial court first ruling on the very matters upon which relief is sought.”

No. 05-18-01157-CV (Oct. 15, 2018) (mem. op.)