In Re: University of Gymnastics at Sherman LLC v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: October 7, 2024
• Docket: 05-24-01138-CV
• Status: Published

Opinion

DENIED and Opinion Filed October 7, 2024

In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-01138-CV

IN RE UNIVERSITY OF GYMNASTICS AT SHERMAN LLC, Relator

Original Proceeding from the 15th Judicial District Court Grayson County, Texas Trial Court Cause No. CV-19-0691

MEMORANDUM OPINION Before Justices Molberg, Carlyle, and Breedlove Opinion by Justice Molberg Before the Court are relator’s September 26, 2024 petition for writ of

mandamus and September 27, 2024 motion for temporary relief. Upon review,

relator’s petition does not meet the requirements of the Texas Rules of Appellate

Procedure for consideration of mandamus relief. See, e.g., TEX. R. APP. P.

52.3(k)(1)(A), 52.7(a)(1), 52.7(a)(2).

For example, relator’s appendix and record are deficient. Relator bears the

burden to provide the Court with a record that is sufficient to show it is entitled to

mandamus relief. Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) (orig.

proceeding). Relator failed to meet this burden because the documents included in its appendix and record are not certified or sworn copies as required by the Texas

Rules of Appellate Procedure. See TEX. R. APP. P. 52.3(k)(1)(A), 52.7(a)(1);

In re Butler, 270 S.W.3d 757, 758–59 (Tex. App.—Dallas 2008, orig. proceeding).

Certified copies may be ordered from the appropriate court clerk. See In re Hamilton,

No. 05-19-01458-CV, 2020 WL 64679, at *1 (Tex. App.—Dallas Jan. 7, 2020, orig.

proceeding) (mem. op.). Documents become sworn copies when they are attached

to an affidavit or to an unsworn declaration stating under penalty of perjury that the

person making the affidavit or unsworn declaration has personal knowledge that the

copies of the documents attached are correct copies of the originals. See id.; see also

TEX. CIV. PRAC. & REM. CODE ANN. § 132.001. Relator attempted to authenticate

the documents in its appendix and record with an attorney certification that fails to

comply with the above requirements.

Accordingly, we deny relator’s petition for writ of mandamus. We also deny

as moot relator’s motion for temporary relief.

/Ken Molberg// 241138f.p05 KEN MOLBERG JUSTICE

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