in Re Hillier Restoration, LLC ( 2022 )

Order filed May 24, 2022
In The
Fourteenth Court of Appeals
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NO. 14-22-00366-CV
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IN RE HILLIER RESTORATION, LLC, Relator
ORIGINAL PROCEEDING
WRIT OF MANDAMUS
On Appeal from the 270th District Court
Harris County, Texas
Trial Court Cause No. 2022-23268
ORDER
On May 20, 2022, relator Hillier Restoration, LLC filed a petition for writ of
mandamus in this court. See Tex. Gov’t Code Ann. § 22.221; see also Tex. R. App.
P. 52. In the petition, relator asks this court to compel the Honorable Dedra Davis,
presiding judge of the 270th District Court, Harris County, Texas, to set aside her
May 16, 2022 order granting real party in interest’s verified petition for an order
authorizing the taking of a deposition to investigate a potential claim or suit pursuant
to Texas Rule of Civil Procedure 202. See Tex. R. Civ. P. 202.
Relator’s petition does not comply with the Texas Rules of Appellate
Procedure. See Tex. R. App. 52.3(k) (providing that appendix must contain certified
or sworn copy of any order complained of, or any other document showing matter
complained of); 52.7(a)(1); 52.7(a)(1) (requiring relator to file with petition certified
or sworn copy of every document that is material to relator’s claim for relief and that
was filed in any underlying proceeding); 1 52.7(a)(2) (requiring relator to provide
authenticated transcript of any relevant testimony from any underlying proceeding,
including exhibits offered in evidence, or statement that no testimony was adduced
in connection with matter complained). By this order, the court gives relator ten
days’ notice that the petition will be dismissed for failure to comply with Rules
52.3(k), 52.7(a)(1), and 52.7(a)(2).
PER CURIAM
Panel consists of Justices Zimmerer, Spain, and Poissant.
1
An unsworn declaration is an alternative way to satisfy the requirement of a sworn copy. See
Tex. Civ. Prac. & Rem. Code Ann. § 132.001(c).
2