In Re: Terrace Heights Owner's Association, Inc. and Erick Berdugo v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: May 10, 2024
• Docket: 05-24-00538-CV
• Status: Published

Opinion

DENIED and Opinion Filed May 10, 2024

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-00538-CV

IN RE TERRACE HEIGHTS OWNER’S ASSOCIATION, INC. AND ERICK BERDUGO, Relators

Original Proceeding from the 95th District Court Dallas County, Texas Trial Court Cause No. DC-22-10058

MEMORANDUM OPINION Before Justices Reichek, Goldstein, and Kennedy Opinion by Justice Kennedy Before the Court is relators’ May 8, 2024 petition for writ of mandamus. 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(j), 52.3(k)(1)(A), 52.7(a); In re Backusy, No. 05-23-00674-CV, 2023 WL

4540278, at *1 (Tex. App.—Dallas July 14, 2023, orig. proceeding) (mem. op.)

(explaining that a relator’s failure to properly certify the petition and support the

petition with an appropriate record or appendix precludes consideration of

mandamus relief). Relator’s petition fails to comply with the Texas Rules of Appellate Procedure in several other respects as well. See, e.g., TEX. R. APP. P. 9.1,

9.4, 9.5, 52.3(b)–(d), 52.3(f)–(i).

Accordingly, we deny relators’ petition for writ of mandamus.

/Nancy Kennedy/ NANCY KENNEDY JUSTICE 240538F.P05

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