in Re: Angelos Kolobotos and Kolobotos Properties, LLC ( 2022 )

Order entered February 28, 2022
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-00157-CV
IN RE ANGELOS KOLOBOTOS AND KOLOBOTOS PROPERTIES, LLC,
Relators
Original Proceeding from the 44th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-17-16384
ORDER
Before Justices Molberg, Pedersen, III, and Garcia
Before the Court is relators’ February 28, 2022 “Petition for Writ of
Mandamus and Motion to Stay.” We GRANT the motion, and STAY the
underlying post-judgment collection proceedings, including the sale of the thirteen
subject properties under an execution of judgment in case number DC-17-16384,
City of Dallas v. Kolobotos and Kolobotos Properties. The stay shall remain in
effect pending resolution of this original proceeding.
We further conclude that relators have not filed a mandamus record that is
properly sworn or certified. See TEX. R. APP. P. 52.3(k)1(1)(A), 52.7(A)(1); In re
Butler, 270 S.W.3d 757, 758-59 (Tex. App.—Dallas 2008, orig. proceeding)
(requiring properly authenticated petition and record under Rule 52). Accordingly,
we DIRECT relators to file, by March 2, 2022, a sworn or certified copy of the
mandamus record. We caution relators that failure to file a properly sworn or
certified record by this deadline may result in the denial of this original proceeding
for non-compliance with Rule 52.
We also request that real party in interest and respondent file a response, if
any, to the petition for writ of mandamus by March 10, 2022.
/s/ DENNISE GARCIA
JUSTICE