in Re: Ernesto Castillo ( 2022 )

Order entered December 19, 2022
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-01317-CV
IN RE ERNESTO CASTILLO, Relator
Original Proceeding from the 302nd Judicial District Court
Dallas County, Texas
Trial Court Cause No. DF-17-17721
ORDER
Before Justices Schenck, Reichek, and Carlyle
Before the Court is relator’s December 12, 2022 petition for writ of
mandamus. Relator’s petition does not comply with the Texas Rules of Appellate
Procedure.
First, based on our review, the appendix attached to relator’s petition
contains unredacted sensitive information, including financial account numbers
and a minor’s name, birthdate, and address in violation of Texas Rule of Appellate
Procedure 9.9. See TEX. R. APP. P. 9.9.
Second, although relator included a properly authenticated transcript of the
testimony adduced at an August 4, 2022 hearing, the transcript does not include the
exhibits offered into evidence. See TEX. R. APP. P. 52.7(a)(2). Further, although
relator included sworn or certified copies of some documents included in his
appendix, many of the documents included in relator’s appendix are not properly
sworn or certified copies. See TEX. R. APP. P. 52.3(k), 52.7(a); see also In re
Butler, 270 S.W.3d 757, 758 (Tex. App.—Dallas 2008, orig. proceeding).
Accordingly, we STRIKE relator’s petition and appendix and GRANT
relator leave to re-file a petition and appendix or record that complies with the
Texas Rules of Appellate Procedure on or before December 22, 2022. We
CAUTION relator that failure to re-file the petition and appendix as permitted by
this order may result in the dismissal of this cause without further notice.
/s/ AMANDA L. REICHEK
JUSTICE