In re Balderson

Full title: IN RE BRANDY ROSE BALDERSON, Relator

Court: Court of Appeals of Texas, Second District, Fort Worth

Date published: Feb 19, 2004

No. 02-03-373-CV (Tex. App. Feb. 19, 2004)

Opinion

No. 02-03-373-CV.

Delivered: February 19, 2004.

Original Proceeding.

Factor Cambell Shepherd, LLP and Abe Factor, Fort Worth, TX, for Relator.

Tim Curry, Crim. Dist. Atty. and Charles Mallin, Chief, Appellate Division, Asst. Dist. Atty. of Tarrant County, Fort Worth, for Real Party in Interest (State of Texas).

Panel B: DAUPHINOT, HOLMAN, and GARDNER, JJ.

MEMORANDUM OPINION ¹ ON REHEARING

1 See Tex.R.App.P. 47.4.

ANNE GARDNER, Justice.

After reviewing Relator's motion for rehearing, we deny the motion. We withdraw our December 31, 2003 opinion and substitute the following.

We deny Relator's petition for writ of mandamus because the record is insufficient; the record filed in this court does not contain a certified or sworn copy of the trial court order from which Relator seeks mandamus relief. See Tex.R.App.P. 52.3(j)(1)(A); 52.7.

Relator shall pay all costs of this original proceeding, for which let execution issue.