in Re John W. Banos

• Court: Court of Appeals of Texas
• Decided: August 31, 2011
• Docket: 10-11-00272-CV
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-11-00272-CV

IN RE JOHN W. BANOS

Original Proceeding

MEMORANDUM OPINION

Relator John W. Banos filed a petition for writ of mandamus, but he

subsequently recognized in a letter to us that it is moot.1 Accordingly, we dismiss the

petition for writ of mandamus as moot.

REX D. DAVIS Justice

1 Banos’s petition has several procedural deficiencies. It does not include the certification required by Rule of Appellate Procedure 52.3(j). See TEX. R. APP. P. 52.3(j). It also lacks an appendix and a certified or sworn record, as required by Rules 52.3(k) and 52.7(a)(1). See id. 52.3(k), 52.7(a)(1). And it lacks proof of service on the real parties in interest. See id. 9.5, 52.2. Finally, Banos’s indigence affidavit is inadequate. See id. 20.1(b). Because this proceeding is moot and to expedite our disposition of it, we will implement Rule 2 and suspend these rules in this proceeding only. Id. 2. We further note that Banos failed to file his underlying notice of appeal with this Court, (see id. 25.1(e)), which action might have obviated this original proceeding. Before Chief Justice Gray, Justice Davis, and Justice Scoggins Petition dismissed Opinion delivered and filed August 31, 2011 [OT06]

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