In Re: Emmy Backusy v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: July 14, 2023
• Docket: 05-23-00674-CV
• Status: Published

Opinion

DENIED and Opinion Filed July 14, 2023

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00674-CV

IN RE EMMY BACKUSY, Relator

Original Proceeding Dallas County, Texas

MEMORANDUM OPINION Before Justices Molberg, Goldstein, and Breedlove Opinion by Justice Breedlove Before the Court is relator’s July 10, 2023 petition for writ of mandamus.

Relator asks this Court to compel “the District Clerk or his Deputies” to docket

relator’s petition for dissolution of marriage, contending he filed the petition with

the 256th Family Court of Dallas County, Texas in November 2022.

Relator’s petition does not comply with the Texas Rules of Appellate

Procedure in numerous respects. See TEX. R. APP. P. 52.1, 52.3(a)–(c), (d)(1)–(3),

(f)–(h), (j), (k)(1)(A), 52.7(a)(1). Among other defects, the petition is not certified,

see TEX. R. APP. P. 52.3(j), and the petition is not supported by a record or appendix,

see TEX. R. APP. P. 52.3(k)(1)(A), 52.7(a)(1). Thus, relator’s petition does not meet

the requirements of the Texas Rules of Appellate Procedure for consideration of mandamus relief. See In re Jones, No. 05-23-00492-CV, No. 05-23-00493-CV, 2023

WL 4101440, at *1 (Tex. App.—Dallas June 21, 2023, orig. proceeding) (mem. op.);

see also In re Salinas, No. 05-23-00544-CV, No. 05-23-00545-CV, 2023 WL

4101439, at *1 (Tex. App.—Dallas June 21, 2023, orig. proceeding) (mem. op.).

Accordingly, we deny relator’s petition for writ of mandamus.

Additionally, relator’s petition contains unredacted sensitive data, including a

minor’s full name, in violation of the Texas Rules of Appellate Procedure. See TEX.

R. APP. P. 9.10(a)(3), (b); see also TEX. R. APP. P. 9.9(a)(3), (b). Accordingly, we

strike relator’s petition.

/Maricela Breedlove/ MARICELA BREEDLOVE JUSTICE

230674F.P05

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