Ronald E. Dana and Linda D. Dana v. Diamante Members Club, Inc.

Opinion

REVERSE and REMAND and Opinion Filed January 18, 2022

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-20-00828-CV

RONALD E. DANA AND LINDA D. DANA, Appellants V. DIAMANTE MEMBERS CLUB, INC., Appellee

On Appeal from the 199th District Court Collin County, Texas Trial Court Cause No. 199-01509-2020

MEMORANDUM OPINION Before Justices Myers, Molberg, and Garcia Opinion by Justice Garcia In this restricted appeal, appellants argue that there is error apparent on the

face of the record because appellee failed to comply with the mandatory

requirements for domesticating a foreign judgment under the Uniform Enforcement

of Foreign Judgments Act (“UEFJA”); specifically, that appellees failed to file

notice of the filing or present the court with a proper affidavit authenticating the

filing. See TEX. CIV. PRAC. & REM. CODE ANN. § 35.004(a), (b)(2). Appellee

concedes error on the face of the record supporting reversal and remand of the case.

Having reviewed the record, we agree that the UEFJA requirements were not

met and there is error apparent on the face of the record. See id; see also TEX. R. APP. P. 26.1(c); Alexander v. Lynda’s Boutique, 134 S.W.3d 845, 848 (Tex. 2004).

Accordingly, we reverse the trial court’s judgment and remand for further

proceedings consistent with this opinion.

/Dennise Garcia/ DENNISE GARCIA JUSTICE

200828F.P05

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

RONALD E. DANA AND LINDA On Appeal from the 199th Judicial D. DANA, Appellant District Court, Collin County, Texas Trial Court Cause No. 199-01509- No. 05-20-00828-CV V. 2020. Opinion delivered by Justice Garcia. DIAMANTE MEMBERS CLUB, Justices Myers and Molberg INC., Appellee participating.

In accordance with this Court’s opinion of this date, the judgment of the trial court is REVERSED and this cause is REMANDED to the trial court for further proceedings consistent with this opinion.

It is ORDERED that each party bear its own costs of this appeal.

Judgment entered this 18th day of November 2021.

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