In Re J&R Multifamily Group Ltd. v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: June 1, 2023
• Docket: 01-23-00323-CV
• Status: Published

Opinion

Opinion issued June 1, 2023

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-23-00323-CV ——————————— IN RE J & R MULTIFAMILY GROUP LTD, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, J & R Multifamily Group LTD, has filed a petition for a writ of

mandamus requesting that this Court “issue a writ of mandamus” directing the trial

court to grant relator’s “Motion for Leave to Designate John Doe, Unknown

Criminal Assailant as Responsible Third Party.”1

1 The underlying case is Jane Doe v. J & R Multifamily Group LTD d/b/a The Worthington at the Beltway a/k/a Worthington Apartments and Casa Nube En Bissonnet and J&R Multifamily Management LLC, Cause No. 2022-71136, in the 1 Relator’s petition does not comply with the requirements enumerated in Texas

Rules of Appellate Procedure 52.3 and 52.7. See TEX. R. APP. P. 52.3(k) (relator

required to provide appendix which “must contain” certified or sworn copy of any

“document showing the matter complained of”), 52.7 (relator “must file” record with

mandamus petition containing “certified or sworn copy of every document that is

material to the relator’s claim for relief and that was filed in any underlying

proceeding”). In the absence of an adequate appendix or record, this Court cannot

evaluate the merits of relator’s petition. See, e.g., In re Jones, No. 01-20-00575-CV,

2020 WL 9071579, at *1 (Tex. App.—Houston [1st Dist.] Sept. 10, 2020, orig.

proceeding [mand. denied]) (mem. op.).

Accordingly, we deny relator’s petition for writ of mandamus without

prejudice to refile a petition for writ of mandamus that complies with the Texas

Rules of Appellate Procedure. See TEX. R. APP. P. 52.8(a). We dismiss any pending

motions as moot.

PER CURIAM

Panel consists of Justices Kelly, Hightower, and Countiss.

189th District Court of Harris County, Texas, the Honorable Tamika Craft-Demming presiding.