in Re Billie O. Stone ( 2022 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-22-00660-CV
In re Billie O. Stone
ORIGINAL PROCEEDING FROM COMAL COUNTY
MEMORANDUM OPINION
Relator Billie O. Stone concurrently filed this and another identically styled
petition for writ of mandamus, both of which complain of an allegedly fraudulent lien.1 Each
indicates that it is related to an appeal already pending before this Court.2 We conclude that
the record before us is insufficient to allow us to consider Stone’s petition. See Tex. R. App.
P. 52.7(a)(1), (2). The rules of appellate procedure require a relator to file a certified or sworn
copy of every document that is material to the relator’s claim for relief and that was filed in
the underlying proceeding and a properly authenticated transcript of any relevant testimony from
any underlying proceeding (including any exhibits offered in evidence) or a statement that no
testimony was adduced in connection with the matter. Id. The filings in this case do not comply
1
The companion petition is In re Billie O. Stone, No. 03-22-00664-CV (Tex. App.—
Austin filed Oct. 18, 2022). Both petitions were filed as In re To a Fraudulent Purported
Lien or Claim Against, Billie O. Stone and Patricia A. Stone but have been modified to conform
to Rule 52.1 of the Texas Rules of Appellate Procedure regarding the captioning of an original
proceeding.
2
Billie O. Stone d/b/a Stobil Enterprise v. Randolph-Brooks Federal Credit Union,
No. 03-21-00422-CV (Tex. App.—Austin filed Aug. 26, 2021).
with the requirements of rule 52.7 and, most notably, do not include a copy of a district court
order from which relief is sought.
Having reviewed the petition and the materials provided, we deny the petition for
writ of mandamus. See Tex. R. App. P. 52.8(a).
__________________________________________
Thomas J. Baker, Justice
Before Justices Goodwin, Baker, and Kelly
Filed: November 8, 2022
2