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Dana v. Diamante Members Club, Inc.

Court of Appeals of Texas, Fifth District, Dallas
Jan 18, 2022
No. 05-20-00828-CV (Tex. App. Jan. 18, 2022)

Opinion

05-20-00828-CV

01-18-2022

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

Before Justices Myers, Molberg, and Garcia

MEMORANDUM OPINION

DENNISE GARCIA JUSTICE

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.

JUDGMENT

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.


Summaries of

Dana v. Diamante Members Club, Inc.

Court of Appeals of Texas, Fifth District, Dallas
Jan 18, 2022
No. 05-20-00828-CV (Tex. App. Jan. 18, 2022)
Case details for

Dana v. Diamante Members Club, Inc.

Case Details

Full title:RONALD E. DANA AND LINDA D. DANA, Appellants v. DIAMANTE MEMBERS CLUB…

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Jan 18, 2022

Citations

No. 05-20-00828-CV (Tex. App. Jan. 18, 2022)

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