in Re: VSDH Vaquero Venture, Ltd.

• Court: Court of Appeals of Texas
• Decided: July 21, 2014
• Docket: 05-14-00875-CV
• Status: Published

Opinion

Deny and Opinion Filed July 21, 2014

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-00875-CV

IN RE VSDH VAQUERO VENTURE, LTD., Relator

On Appeal from the County Court at Law No. 1 Dallas County, Texas Trial Court Cause No. CC-09-05232-A

MEMORANDUM OPINION Before Justices FitzGerald, Francis, and Lewis Opinion by Justice Francis Relator filed this petition for writ of mandamus complaining of the trial court’s oral order

regarding participation of its lead counsel in trial and of the failure of the trial court to grant a

continuance in light of its oral order. The rules of appellate procedure require the statement that

the person filing a petition for writ of mandamus “has reviewed the petition and concluded that

every factual statement is supported by competent evidence included in the appendix or record.”

TEX. R. APP. P. 52.3(j). Relator’s petition does not include such a certification. Thus, relator’s

petition fails to comply with the Texas Rules of Appellate Procedure. See In re Butler, 270

S.W.3d 757, 758–59 (Tex. App.—Dallas 2008, orig. proceeding) (denying petition for writ of

mandamus because petition and record not authenticated as required by the Texas Rules of

Appellate Procedure). We DENY the petition for writ of mandamus.

140875F.P05 /Molly Francis/ MOLLY FRANCIS JUSTICE

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