in Re: Yanika Daniels ( 2021 )


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  • Dismissed and Opinion Filed October 22, 2021
    In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-21-00667-CV
    IN RE: YANIKA DANIELS, Relator
    Original Proceeding from the 303rd Judicial District Court
    Dallas County, Texas
    Trial Court Cause No. DF-21-08690
    MEMORANDUM OPINION
    Before Justices Osborne, Pedersen, III, and Goldstein
    Opinion by Justice Osborne
    Yanika Daniels (Realtor) filed a pro se petition1 seeking a writ of mandamus
    ordering the judge of the 303rd Judicial District Court, Dallas County, Texas to
    vacate the June 23, 2021 “temporary orders” in the underlying suit affecting the
    parent-child relationship or, in the alternative, to issue a “writ of habeas corpus”
    compelling the return of her child.                 Relator also filed her second motion for
    emergency relief on October 11, 2021.
    1
    We note the rules apply equally to all parties, whether a party is represented by counsel or not. In re
    Vasquez, No. 05-15-00592-CV, 
    2015 WL 2375504
    , at *1 (Tex. App.—Dallas May 18, 2015, orig.
    proceeding). If a pro se litigant is not required to comply with the applicable rules of procedure, she would
    be given an unfair advantage over a litigant who is represented by counsel. In re McKinney, No. 05-14-
    01513-CV, 
    2014 WL 7399301
    , at *1 (Tex. App.—Dallas Dec. 15, 2014, orig. proceeding).
    Texas Rule of Appellate Procedure 9.9 prohibits the filing of documents
    containing sensitive data, including the name of any person who was a minor when
    the underlying suit was filed. See TEX. R. APP. P. 9.9. A document containing
    sensitive information may not be filed with the court unless the sensitive information
    is redacted or it is required by a statute, court rule, or administrative regulation. See
    
    id. 9
    .9(b). Both Relator’s appendix, which is attached to her mandamus petition,
    and her October 11, 2021 motion for emergency relief include documents showing
    prohibited sensitive data.2
    Accordingly, we strike both Relator’s October 11, 2021 motion for emergency
    relief and Relator’s August 5, 2021 petition for writ of mandamus. See 
    id. 9
    .9. Also,
    we direct the Clerk of the Court to remove those documents from this Court’s
    website. See 
    id. 9
    .9(e).
    This original proceeding is dismissed without prejudice.
    /Leslie Osborne/
    210667f.p05                                          LESLIE OSBORNE
    JUSTICE
    2
    We note that on October 5, 2021, this Court ordered Relator’s October 4, 2021 motion for emergency
    relief stricken for failure to comply with Rule 9.9.
    –2–
    

Document Info

Docket Number: 05-21-00667-CV

Filed Date: 10/22/2021

Precedential Status: Precedential

Modified Date: 10/27/2021