in Re: Sunterra Distribution, LLC

• Court: Court of Appeals of Texas
• Decided: April 15, 2022
• Docket: 05-22-00326-CV
• Status: Published

Opinion

DENY and Opinion Filed April 15, 2022

In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00326-CV

IN RE SUNTERRA DISTRIBUTION, LLC, Relator

Original Proceeding from the 134th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-20-18911

MEMORANDUM OPINION Before Justices Myers, Nowell, and Goldstein Opinion by Justice Nowell In this original proceeding, relator contends that the trial court lacked plenary

power to issue its April 11, 2022 order granting a new trial. Entitlement to mandamus

relief requires relator to show that the trial court clearly abused its discretion and

that relator lacks an adequate appellate remedy. In re Prudential Ins. Co., 148

S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding).

As the party seeking relief, relator has the burden of providing the Court with

a certified or sworn copy of every document that is material to establishing its right

to mandamus relief. See TEX. R. APP. P. 52.3(k), 52.7(a); In re Butler, 270 S.W.3d

757, 759 (Tex. App.—Dallas 2008, orig. proceeding) (requiring relator to submit a

record containing certified or sworn copies). Because the documents included in the record are not certified by a trial court clerk or adequately sworn copies, we conclude

relator has not met this burden. Accordingly, we deny the petition for writ of

mandamus.

220326f.p05 /Erin A. Nowell/ ERIN A. NOWELL JUSTICE

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