Opinion
05-20-00827-CV
01-19-2022
MARK DANA AND DIANA DANA, Appellants v. DIAMANTE MEMBERS CLUB, INC., Appellee
On Appeal from the 471st Judicial District Court Collin County, Texas Trial Court Cause No. 471-01510-2020
Before Justices Myers, Molberg, and Garcia
MEMORANDUM OPINION
KEN MOLBERG, JUSTICE
In this restricted appeal, appellants Mark and Diana Dana argue there is error apparent on the face of the record that appellee Diamante Members Club, Inc. (DMCI) failed to comply with mandatory requirements for domesticating a foreign judgment under the Uniform Enforcement of Foreign Judgments Act ("UEFJA") by failing to file notice of the filing or present the court with a proper affidavit authenticating the filing. See Tex. Civ. Prac. & Rem. Code § 35.004(a), (b)(2). DMCI concedes facial error.
Having reviewed the record, we agree with the Danas and DMCI that the mandatory UEFJA requirements were not met and that this error is 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.
Judgment entered this 19th day of January, 2022.