Opinion
05-22-00268-CV
03-31-2022
IN RE MAURICE JOEL HEROD, Relator
Original Proceeding from the 305th Judicial District Court Dallas County, Texas Trial Court Cause No. JC-20-00470
Before Justices Osborne, Partida-Kipness, and Smith
ORDER
LESLIE OSBORNE JUSTICE
Before the Court is relator's March 29, 2022 petition for writ of mandamus in which he challenges (1) the trial court's denial of summary judgment, and (2) the trial court's denial of his demand for dismissal. Based on our review, relator's petition and record contain unredacted sensitive information, including the minor's name and birthdate, in violation of rule 9.9 of the Texas Rules of Appellate Procedure. Tex.R.App.P. 9.9. Accordingly, we STRIKE the petition and record and GRANT relator leave to re-file a petition and record that complies with rule 9.9 on or before April 6, 2022. We CAUTION relator that failure to re- file the petition and record as permitted by this order may result in the dismissal of this cause without further notice.
We further conclude that relator has not filed a mandamus record that is properly sworn by him or certified by a trial court clerk. See Tex. R. App. P. 52.3(k)1(1)(A), 52.7(A)(1); In re Butler, 270 S.W.3d 757, 758-59 (Tex. App.- Dallas 2008, orig. proceeding) (requiring sworn affidavit or trial court clerk's certification that documents are true and correct copies). Accordingly, we DIRECT relator to file, by April 6, 2022, a sworn or certified copy of the mandamus record. We caution relator that failure to file a properly sworn or certified record by this deadline may result in the denial of this original proceeding for non-compliance with Rule 52.