In Re: Grand Prairie Independent School District and the Board of Trustees of Grand Prairie Independent School District v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: November 8, 2024
• Docket: 05-24-01302-CV
• Status: Published

Opinion

Denied and Opinion Filed November 8, 2024

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-01302-CV

IN RE GRAND PRAIRIE INDEPENDENT SCHOOL DISTRICT AND THE BOARD OF TRUSTEES OF GRAND PRAIRIE INDEPENDENT SCHOOL DISTRICT, Relators

Original Proceeding from the 68th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-24-18108

MEMORANDUM OPINION Before Justices Pedersen, III, Smith, and Garcia Opinion by Justice Pedersen, III Before the Court is relators’ November 8, 2024 petition for writ of mandamus.

Relators ask this Court to compel the trial court to vacate or reverse a November 6,

2024 purported extension of an October 14, 2024 temporary restraining order. Upon

review, relators’ petition does not meet the requirements of the Texas Rules of

Appellate Procedure for consideration of mandamus relief. See TEX. R. APP. P.

52.3(g), (h), (j), (k)(1)(A); TEX. R. APP. P. 52.7(a)(1).

For example, none of the documents that relators included in their appendix

or record are sworn or certified copies, see TEX. R. APP. P. 52.7(a)(1), and relators failed to provide a sworn or certified copy of the order at issue signed by the trial

court, see TEX. R. APP. P. 52.3(k)(1)(A). Relators also failed to include all documents

filed in the underlying proceeding that are relevant and material to their requested

relief, such as real party in interest’s November 4, 2024 supplemental application

for injunctive relief. See TEX. R. APP. P. 52.7(a)(1). As further example, relators

provided the required rule 52.3(j) certification, see TEX. R. APP. P. 52.3(j), but not

all factual statements in relators’ petition are supported by citations to the appendix

or record, see TEX. R. APP. P. 52.3(g), (h). And based on our review, several material

factual statements are not supported by competent evidence included in the appendix

or record, such as relators’ factual statements concerning events taking place at a

November 5, 2024 hearing. See TEX. R. APP. P. 52.3(j).

Accordingly, we deny relators’ petition.

Also before the Court is relators’ November 8, 2024 emergency motion for

temporary relief. We deny the motion as moot.

/Bill Pedersen, III/ BILL PEDERSEN, III 241302F.P05 JUSTICE

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