In Re: Ashley Nicole Horne v. the State of Texas ( 2024 )

DENIED and Opinion Filed April 24, 2024
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-24-00464-CV
IN RE ASHLEY NICOLE HORNE, Relator
Original Proceeding from the 255th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DF-20-03505
MEMORANDUM OPINION
Before Justices Pedersen, III, Smith, and Garcia
Opinion by Justice Smith
Before the Court are relator’s April 18, 2024 petition for writ of mandamus
and emergency motion for temporary relief. In her petition, relator challenges the
trial court’s denial of her demand for jury trial and certain aspects of the trial court’s
temporary orders. In her emergency motion, relator seeks a stay of the temporary
orders and the current trial setting pending our action on the petition.
Relator’s petition does not meet the requirements of the Texas Rules of
Appellate Procedure for consideration of mandamus relief. See In re Cantu, No. 05-
23-01131-CV, 2023 WL 7871643, at *1 (Tex. App.—Dallas Nov. 16, 2023, orig.
proceeding) (mem. op.). A petition must include a certification that the person filing
the petition “has reviewed the petition and concluded that every factual statement in
the petition is supported by competent evidence included in the appendix or record.”
TEX. R. APP. P. 52.3(j). Our precedent requires “exceptionally strict compliance”
with rule 52.3(j). In re Stewart, No. 05-19-01338-CV, 2020 WL 401764, at *1 (Tex.
App.—Dallas Jan. 24, 2020, orig. proceeding) (mem. op.). “To comply with prior
opinions of this Court that interpret mandamus rules, relators should use the exact
words of rule 52.3(j) without deviation in their certification.” Id. Here, relator’s
petition includes a verification attesting to the authenticity of the documents
included with the petition but not a certification that the person filing the petition
has reviewed the petition and concluded that every factual statement in the petition
is supported by competent evidence included in the appendix or record. Therefore,
we conclude that relator failed to strictly comply with rule 52.3(j).
We also note that relator omitted a statement of the case and failed to support
her statement of facts with citations to competent evidence included in the appendix
or record. See TEX. R. APP. P. 52.3(d), (g).
Accordingly, we deny relator’s petition. We also deny as moot relator’s
emergency motion.
240464f.p05 /Craig Smith//
CRAIG SMITH
JUSTICE
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