in Re: Disiere Partners, LLC

• Court: Court of Appeals of Texas
• Decided: February 7, 2022
• Docket: 05-21-00572-CV
• Status: Published

Opinion

DENY and Opinion Filed July 15, 2021

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00572-CV

IN RE DISIERE PARTNERS, LLC, Relator

Original Proceeding from the 134th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-15-08767

MEMORANDUM OPINION Before Justices Molberg, Reichek, and Smith Opinion by Justice Reichek Before the Court is relator’s July 15, 2021 petition for writ of mandamus. In

the petition, relator challenges the trial court’s May 20, 2021 order granting real

party in interest’s second motion to compel documents.

Relator’s petition and record are not properly authenticated as required by the

Texas Rules of Appellate Procedure. See TEX. R. APP. P. 52.3(j) (requiring

certification of factual statements in petition), 52.3(k) (requiring certified or sworn

documents in the appendix); 52.7(a)(1) (requiring certified or sworn copy of record,

as well as a properly authenticated transcript or statement that no testimony was

adduced); see also In re Butler, 270 S.W.3d 757, 758–59 (Tex. App.—Dallas 2008,

orig. proceeding) (denying petition for failing to comply with Rule 52’s authentication requirements). Accordingly, we deny the petition for writ of

mandamus without prejudice to refiling a petition that satisfies the requirements of

the Texas Rules of Appellate Procedure.

/Amanda L. Reichek/ AMANDA L. REICHEK JUSTICE

210572F.P05

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