Opinion
14-21-00062-CV
07-29-2021
IN RE CHRISTOPHER DUPUY, Relator
Original Proceeding Writ of Mandamus
On Appeal from the 333rd District Court Harris County, Texas Trial Court Cause No. 2019-89958
Panel consists of Justices Bourliot, Zimmerer, and Spain.
ORDER
PER CURIAM.
On April 3, 2021, relator Christopher Dupuy filed a first amended petition for writ of mandamus, asking this court to compel the Honorable Brittanye Morris to set aside her January 12, 2021 order, which denies relator's Rule 91a motion to dismiss. See Tex.R.Civ.P. 91a.
Relator's petition does not comply with the Texas Rules of Appellate Procedure. See Tex.R.App.P. 52.3(k)(1)(A), 52.7(a)(1). To be a "certified or sworn copy," in accordance with Rule 52, the document must be certified by the trial court clerk or attached to either a properly prepared affidavit or an unsworn declaration pursuant to section 132.001 of the Texas Civil Practices and Remedies Code. See Tex. Civ. Prac. &Rem. Code Ann. § 132.001.
The legislature has provided an alternate method of meeting the requirement of sworn copies- an unsworn declaration. See Tex. Civ. Prac. & Rem. Code Ann. § 132.001. An unsworn declaration must be in writing and subscribed by the person making the declaration as true under penalty of perjury. Id. § 132.001(c). Section 132.001(d) sets forth the jurat relator may use in an unsworn declaration:
My name is, (First) (Middle) (Last)
my date of birth is____, and my address is (Street) (City) (State) (Zip Code) and (Country) I declare under penalty of Perjury that the foregoing is true and correct.
Executed in ____ County, State of ____ on the____ day of, (Month) (Year)
____ (Declarant)Id. 132.001(d).
By this order, the court gives relator ten days' notice that the first amended petition will be dismissed for failure to comply with Rules 52.3(k(1)(1) and 52.7(a)(1) unless the deficiencies are cured. See generally Tex.R.App.P. 42.3(c).