in Re EPC Ventures, Inc. and James Hopkins

• Court: Court of Appeals of Texas
• Decided: April 26, 2022
• Docket: 14-22-00175-CV
• Status: Published

Opinion

Order filed April 26, 2022

In The

Fourteenth Court of Appeals ____________

NO. 14-22-00175-CV ____________

IN RE EPC VENTURES, INC. AND JAMES HOPKINS, Relators

ORIGINAL PROCEEDING WRIT OF MANDAMUS 61st District Court Harris County, Texas Trial Court Cause No. 2021-45078

ORDER

On March 14, 2022, relators EPC Ventures, Inc. and James Hopkins filed a petition for writ of mandamus in this court. See Tex. Gov’t Code Ann. § 22.221; see also Tex. R. App. P. 52. In the petition, relators ask this court to compel the Hon. Fredericka Phillips, presiding judge of the 61st District Court in Harris County, Texas, to set aside her February 14, 2022 order denying relators’ Rule 91a motion to dismiss. See Tex. R. Civ. P. 91a. Relators’ petition does not comply with the Texas Rules of Appellate Procedure. See Tex. R. App. 52.3(j) (requiring relator to certify that every factual statement in petition is supported by competent evidence in appendix or record); 52.7(a)(2) (requiring relator to provide authenticated transcript of any relevant testimony from any underlying proceeding, including exhibits offered in evidence, or statement that no testimony was adduced in connection with matter complained). By this order, the court gives relator ten days’ notice that the petition will be dismissed for failure to comply with Rules 52.3(j) and 52.7(a)(2) unless the deficiencies are cured. See generally Tex. R. App. P. 42.3(c).

PER CURIAM

Panel consists of Chief Justice Christopher and Justices Bourliot and Spain. (Christopher, C.J., Notice is not required before dismissing a petition for writ of mandamus. See In re Kholaif, 624 S.W.3d 228 (Tex. App.—Houston [14th Dist.] 2020, orig. proceeding) (Frost C.J., dissenting).