Opinion
01-21-00726-CV
01-11-2022
IN RE SHEILA COLEMAN, Relator
Original Proceeding on Petition for Writ of Mandamus
Panel consists of Justices Hightower, Countiss, and Guerra.
MEMORANDUM OPINION
PER CURIAM
Relator, Sheila Coleman, filed a petition for writ of mandamus complaining that the trial court issued "Void Temporary Orders, [a] Void Contempt Order, and [a] Void Default Divorce Decree Judgment," and requesting that this Court vacate the trial court's orders and judgment and "issue an [o]rder that lawfully appoints [relator] as [the] [s]ole [m]anaging [c]onservator" of her minor child. Because the petition does not comply with Texas Rule of Appellate Procedure 9.4, we deny the petition for writ of mandamus without prejudice to refiling in compliance with the applicable rule. Tex.R.App.P. 9.4(i)(2)(B); see In re Cole, No. 01-20-00807-CR, 2021 WL 243894, at *1 (Tex. App.-Houston [1st Dist.] Jan. 26, 2021, orig. proceeding) (mem. op., not designated for publication) (relator's petition for writ of mandamus must comply with Texas Rules of Appellate Procedure, including rule 9.4); see also In re Coleman, No. 01-21-00499-CV, 2021 WL 6067711, at *1 (Tex. App.-Houston [1st Dist.] Dec. 23, 2021, orig. proceeding) (mem. op.).
The underlying case is In the Interest of G.N. S., Cause No. 2020-03341, pending in the 312th District Court of Harris County, Texas, the Honorable Clinton E. Wells, Jr. presiding.
Relator's Certificate of Compliance states that her petition for writ of mandamus contains 24, 926 words. Texas Rule of Appellate Procedure 9.4(i)(2) sets forth the maximum length of documents filed in appellate courts. It states the applicable word limit as follows:
A brief and response in an appellate court . . . and a petition and response in an original proceeding in the court of appeals: 15, 000 words if computer-generated, and 50 pages if not. In a civil case in the court of appeals, the aggregate of all briefs filed by a party must not exceed 27, 000 words if computer-generated, and 90 pages if not.Tex. R. App. P. 9.4(i)(2)(B) (emphasis added). Under rule 9.4(i)(2)(B) relator's mandamus petition cannot contain more than 15, 000 words. Although relator states that her petition for writ of mandamus "does not exceed the 27, 000[-]word limit in a civil case," the aggregate limit of 27, 000 words contemplates the filing of additional briefs beyond the mandamus petition and does not change the 15, 000-word limit for a petition for writ of mandamus. See Chad Baruch et al., Effective Advocacy, State Bar of Tex., 42nd Annual Advanced Family Law Course, Ch. 48 (Aug. 2016), 2016 WL 10609135 (section V addressing appellate briefing and noting petition for writ of mandamus may not exceed 15, 000 words).
All pending motions are dismissed as moot.