in Re: Disiere Partners, LLC ( 2022 )


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  • DENY and Opinion Filed July 15, 2021
    S  In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-21-00572-CV
    IN RE DISIERE PARTNERS, LLC, Relator
    Original Proceeding from the 134th Judicial District Court
    Dallas County, Texas
    Trial Court Cause No. DC-15-08767
    MEMORANDUM OPINION
    Before Justices Molberg, Reichek, and Smith
    Opinion by Justice Reichek
    Before the Court is relator’s July 15, 2021 petition for writ of mandamus. In
    the petition, relator challenges the trial court’s May 20, 2021 order granting real
    party in interest’s second motion to compel documents.
    Relator’s petition and record are not properly authenticated as required by the
    Texas Rules of Appellate Procedure. See TEX. R. APP. P. 52.3(j) (requiring
    certification of factual statements in petition), 52.3(k) (requiring certified or sworn
    documents in the appendix); 52.7(a)(1) (requiring certified or sworn copy of record,
    as well as a properly authenticated transcript or statement that no testimony was
    adduced); see also In re Butler, 
    270 S.W.3d 757
    , 758–59 (Tex. App.—Dallas 2008,
    orig. proceeding) (denying petition for failing to comply with Rule 52’s
    authentication requirements). Accordingly, we deny the petition for writ of
    mandamus without prejudice to refiling a petition that satisfies the requirements of
    the Texas Rules of Appellate Procedure.
    /Amanda L. Reichek/
    AMANDA L. REICHEK
    JUSTICE
    210572F.P05
    –2–
    

Document Info

Docket Number: 05-21-00572-CV

Filed Date: 2/7/2022

Precedential Status: Precedential

Modified Date: 2/9/2022