In Re: Terrace Heights Owner's Association, Inc. and Erick Berdugo v. the State of Texas

DENIED and Opinion Filed May 10, 2024

S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-24-00538-CV

IN RE TERRACE HEIGHTS OWNER’S ASSOCIATION, INC.
AND ERICK BERDUGO, Relators

Original Proceeding from the 95th District Court
Dallas County, Texas
Trial Court Cause No. DC-22-10058

MEMORANDUM OPINION
Before Justices Reichek, Goldstein, and Kennedy
Opinion by Justice Kennedy
Before the Court is relators’ May 8, 2024 petition for writ of mandamus. 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(j), 52.3(k)(1)(A), 52.7(a); In re Backusy, No. 05-23-00674-CV, 2023 WL

4540278, at *1 (Tex. App.—Dallas July 14, 2023, orig. proceeding) (mem. op.)

(explaining that a relator’s failure to properly certify the petition and support the

petition with an appropriate record or appendix precludes consideration of

mandamus relief). Relator’s petition fails to comply with the Texas Rules of
Appellate Procedure in several other respects as well. See, e.g., TEX. R. APP. P. 9.1,

9.4, 9.5, 52.3(b)–(d), 52.3(f)–(i).

Accordingly, we deny relators’ petition for writ of mandamus.

/Nancy Kennedy/
NANCY KENNEDY
JUSTICE
240538F.P05

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