Opinion
05-24-01114-CV
11-01-2024
IN RE Z RESORTS MANAGEMENT, LLC AND GIVENS-RECORDS DEVELOPMENT, LLC, Relators
Original Proceeding from the County Court at Law No. 1 Dallas County, Texas Trial Court Cause No. CC-19-05235-A.
Before Molberg, Carlyle, and Breedlove, Justices.
ORDER
CORY L. CARLYLE, JUSTICE.
Before the Court is relators' September 24, 2024 petition for writ of mandamus. In their petition, relators challenge the trial court's October 11, 2023 Protective Order on Subpoena Directed to Criminal District Attorney of Dallas County and the trial court's October 12, 2023 Order Regarding In-Camera Review and Disclosure of Confidential Records. In these orders, the trial court ruled on motions filed by the Criminal District Attorney's Office of Dallas County, Texas and the Dallas Police Department, respectively.
Although the District Attorney's Office and Dallas Police Department are not parties to the underlying suit, they are real parties in interest and thus parties to this original proceeding. See TEX. R. APP. P. 52.2 (defining a real party in interest as "[a] person whose interest would be directly affected by the relief sought"). In their mandamus petition, however, relators omitted both the District Attorney's Office and the Dallas Police Department from their Identity of Parties and Counsel. See TEX. R. APP. P. 52.2, 52.3(a). And relators' certificate of service shows they also failed serve these real parties with a copy of their petition and record. See TEX. R. APP. P. 9.5. Thus, relators' petition does not comply with the requirements of the Texas Rules of Appellate Procedure for consideration of mandamus relief.
We therefore ORDER relators to file, on or before November 7, 2024, an amended petition that complies with the requirements of the Texas Rules of Appellate Procedure. We CAUTION relators that the failure to comply with this order may result in dismissal of this original proceeding without further notice from the Court.