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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