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In re Fisher

Court of Appeals of Texas, Fifth District, Dallas
Nov 2, 2021
No. 05-21-00416-CV (Tex. App. Nov. 2, 2021)

Opinion

05-21-00416-CV

11-02-2021

IN RE SCOTT FISHER AND KRISTI FISHER, Relators


Original Proceeding from the 199th Judicial District Court Collin County, Texas Trial Court Cause No. 199-00653-2011

Before Justices Schenck, Nowell, and Garcia

ORDER

ERIN A. NOWELL JUSTICE

Before the Court is relators' June 4, 2021 petition for writ of mandamus. In the petition, relators challenge the trial court's May 26, 2021 order granting real party in interest Christopher Fitzwater's motion to compel turnover. Pursuant to their interlocutory appeals pending under cause number 05-21-00696-CV, relators also challenge the trial court's July 26, 2021 orders (1) denying the emergency motion to vacate the September 25, 2019 order appointing Fitzwater as receiver and (2) granting the joint motion to strike the emergency motion to vacate. We conclude that these proceedings should be decided together.

Accordingly, on the Court's own motion, we ORDER cause number 05-21-00416-CV CONSOLIDATED into cause number 05-21-00696-CV. We DIRECT the Clerk of this Court to remove all documents from cause number 05-21-00416-CV and refile them in cause number 05-21-00696-CV and to treat cause number 05-21-00416-CV as a closed case. We ORDER that all future filings bear only cause number 05-21-00696-CV.

We request that the real parties file a response to relators' petition for writ of mandamus on or before December 1, 2021. We also EXTEND the deadline for appellees' brief to December 1, 2021. All other current deadlines in cause number 05-21-00696-CV shall remain in place. The real parties may include the response within their appellees' brief or file the response as a separate brief in accordance with Texas Rule of Appellate Procedure 52.4. TEX. R. APP. P. 52.4. In accordance with this consolidation order, that response should be filed in cause number 05-21-00696-CV.

Further, based on our review, the mandamus record is not adequately sworn or certified under Texas Rule of Appellate Procedure 52. TEX. R. APP. P. 52.7(A)(1) (record); see TEX. R. APP. P. 52.3(k)(1)(A) (appendix); In re Hughes, 607 S.W.3d 136, 138 n.2 (Tex. App.-Houston [14th Dist.] 2020, orig. proceeding) (noting that to qualify as sworn under Rule 52, relator must attach documents to affidavit or unsworn declaration conforming to section 132.001 of the Texas Civil Practice and Remedies Code). We accordingly DIRECT relators to file, by November 9, 2021, a sworn or certified copy of the mandamus record in cause number 05-21-00696-CV. We caution relator that failure to file a properly authenticated record by this deadline may result in the denial of this original proceeding for non-compliance with Texas Rule of Appellate Procedure 52.

We DIRECT the Clerk of this Court to send a copy of this order to all parties, the trial judge, and the Dallas District Court Clerk.


Summaries of

In re Fisher

Court of Appeals of Texas, Fifth District, Dallas
Nov 2, 2021
No. 05-21-00416-CV (Tex. App. Nov. 2, 2021)
Case details for

In re Fisher

Case Details

Full title:IN RE SCOTT FISHER AND KRISTI FISHER, Relators

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

Date published: Nov 2, 2021

Citations

No. 05-21-00416-CV (Tex. App. Nov. 2, 2021)