Opinion
05-24-00111-CV
02-02-2024
IN RE NEETI MARWAH KAPOOR, Relator
Original Proceeding from the 401st Judicial District Court Collin County, Texas Trial Court Cause No. 401-50384-2023
Before Justices Molberg, Carlyle, and Breedlove
MEMORANDUM OPINION
KEN MOLBERG, JUSTICE
Before the Court is relator's February 2, 2024 petition for writ of mandamus. Relator challenges a trial court's January 30, 2024 Order to Sign Affidavit. Also before the Court is relator's February 2, 2024 Emergency Motion to Stay Trial Court's January 30, 2024 Order to Sign Affidavit, Pending Petition for Writ of Mandamus.
A petition for writ of mandamus must include a certification that relator "has reviewed the petition and concluded that every factual statement in the petition is supported by competent evidence included in the appendix or record." Tex.R.App.P. 52.3(j). We are bound by this Court's precedent requiring exceptionally strict compliance with rule 52.3(j)'s requirements. In re Stewart, No. 05-19-01338-CV, 2020 WL 401764, at *1 (Tex. App.-Dallas Jan. 24, 2020, orig. proceeding) (mem. op.). Here, relator's petition is missing the required rule 52.3(j) certification. Additionally, not every statement of fact in the petition is supported by citation to competent evidence included in the appendix or record. See Tex. R. App. P. 52.3(g).
Accordingly, we conclude relator's petition does not meet the requirements of the Texas Rules of Appellate Procedure for consideration of mandamus relief. In re Cantu, No. 05-23-01131-CV, 2023 WL 7871643, at *1 (Tex. App.-Dallas Nov. 16, 2023, orig. proceeding) (mem. op.). We therefore deny the petition. We further deny relator's emergency motion as moot.
Additionally, based on our review, the appendix attached to relator's petition contains unredacted sensitive data, including a minor's name, birthdate, and home address, in violation of the Texas Rules of Appellate Procedure. See Tex. R. App. P. 9.9. Accordingly, we strike the petition and its attached appendix.