in Re: Elda Telle , Elaine Bosch, Caitlin Dickey and Chicago Title of Texas, LLC ( 2022 )


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  • DENY and Opinion Filed March 25, 2022
    In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-22-00100-CV
    IN RE ELDA TELLE , ELAINE BOSCH, CAITLIN DICKEY AND
    CHICAGO TITLE OF TEXAS, LLC, Relators
    Original Proceeding from the 471st Judicial District Court
    Collin County, Texas
    Trial Court Cause No. 471-01185-2021
    MEMORANDUM OPINION
    Before Justices Osborne, Partida-Kipness, and Smith
    Opinion by Justice Smith
    Before the Court is relators’ March 9, 2022 petition for writ of mandamus.
    After reviewing relators’ petition, we find that relators have failed to fully
    comply with Rule 52 of the Texas Rules of Appellate Procedure. See TEX. R. APP.
    P. 52.     Relators failed to certify that relators have reviewed the petition and
    concluded every factual statement in petition is supported by competent evidence
    included in the appendix or record, as required by Texas Rule of Appellate
    Procedure Rule 52.3(j). See TEX. R. APP. P. 52.3(j). In a footnote within the
    petition’s statement of facts, relators state an attempt was made “to relate only
    Page 1 of 2
    facts supported by evidence in the record, and not assertions, characterizations, or
    rhetoric bandied about in pleadings or motion papers in the case.” Neither the
    statement nor the attempt satisfy the stringent requirements of Rule 52.3(j).
    Because we conclude the contents of relators’ petition is not certified as
    required by the Texas Rules of Appellate Procedure, we deny the petition for writ
    of mandamus. See In re Butler, 
    270 S.W.3d 757
    , 759 (Tex. App.—Dallas 2008,
    orig. proceeding).   Such denial is without prejudice to relators’ refiling a petition
    compliant with Texas Rule of Appellate Procedure 52.
    /Craig Smith/
    CRAIG SMITH
    JUSTICE
    220100F.P05
    Page 2 of 2
    

Document Info

Docket Number: 05-22-00100-CV

Filed Date: 3/25/2022

Precedential Status: Precedential

Modified Date: 3/30/2022