CourtListener 10272672•In Re: Grand Prairie Independent School District and the Board of Trustees of Grand Prairie Independent School District v. the State of Texas
In Re: Grand Prairie Independent School District and the Board of Trustees of Grand Prairie Independent School District v. the State of Texas
CourtListener 10272672Txctapp58 nov 2024
Testo completo
Denied and Opinion Filed November 8, 2024
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-24-01302-CV
IN RE GRAND PRAIRIE INDEPENDENT SCHOOL DISTRICT AND THE
BOARD OF TRUSTEES OF GRAND PRAIRIE INDEPENDENT SCHOOL
DISTRICT, Relators
Original Proceeding from the 68th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-24-18108
MEMORANDUM OPINION
Before Justices Pedersen, III, Smith, and Garcia
Opinion by Justice Pedersen, III
Before the Court is relators’ November 8, 2024 petition for writ of mandamus.
Relators ask this Court to compel the trial court to vacate or reverse a November 6,
2024 purported extension of an October 14, 2024 temporary restraining order. Upon
review, relators’ petition does not meet the requirements of the Texas Rules of
Appellate Procedure for consideration of mandamus relief. See TEX. R. APP. P.
52.3(g), (h), (j), (k)(1)(A); TEX. R. APP. P. 52.7(a)(1).
For example, none of the documents that relators included in their appendix
or record are sworn or certified copies, see TEX. R. APP. P. 52.7(a)(1), and relators
failed to provide a sworn or certified copy of the order at issue signed by the trial
court, see TEX. R. APP. P. 52.3(k)(1)(A). Relators also failed to include all documents
filed in the underlying proceeding that are relevant and material to their requested
relief, such as real party in interest’s November 4, 2024 supplemental application
for injunctive relief. See TEX. R. APP. P. 52.7(a)(1). As further example, relators
provided the required rule 52.3(j) certification, see TEX. R. APP. P. 52.3(j), but not
all factual statements in relators’ petition are supported by citations to the appendix
or record, see TEX. R. APP. P. 52.3(g), (h). And based on our review, several material
factual statements are not supported by competent evidence included in the appendix
or record, such as relators’ factual statements concerning events taking place at a
November 5, 2024 hearing. See TEX. R. APP. P. 52.3(j).
Accordingly, we deny relators’ petition.
Also before the Court is relators’ November 8, 2024 emergency motion for
temporary relief. We deny the motion as moot.
/Bill Pedersen, III/
BILL PEDERSEN, III
241302F.P05 JUSTICE
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