in Re D. S. W. ( 2022 )


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  • Amended Petition for Writ of Mandamus Denied and Memorandum Opinion
    filed December 20, 2022.
    In The
    Fourteenth Court of Appeals
    NO. 14-22-00833-CV
    IN RE D.S.W., Relator
    ORIGINAL PROCEEDING
    WRIT OF MANDAMUS
    247th District Court
    Harris County, Texas
    Trial Court Cause No. 2018-88778
    MEMORANDUM OPINION
    On November 10, 2022, relator D.S.W. filed a petition for writ of mandamus
    in this court. See Tex. Gov’t Code Ann. § 22.221; see also Tex. R. App. P. 52. In
    the petition, relator asks this court to compel the Honorable Janice Berg, presiding
    judge of the 247th District Court of Harris County, to vacate her August 1, 2019
    order granting a default judgment against relator or, alternatively, rule on relator’s
    bill of review.
    On November 22, 2022, we sent relator notice that his petition did not comply
    with the applicable Texas Rules of Appellate Procedure. See Tex. R. App. P.
    52.3(k)(1)(A), 52.7(a)(1); see also Tex. Civ. Prac. & Rem. Code § 132.001(e). On
    December 2, 2022, relator filed an amended petition.
    Relator has not cured all defects in his petition. Specifically, relator has not
    provided a copy of the August 1, 2019 order granting a default judgment against
    relator. See Tex. R. App. P. 52.3(k)(1)(A) (providing that appendix must contain
    certified or sworn copy of any order complained of, or any other document showing
    the document complained of).
    Accordingly, we dismiss relator’s amended petition for writ of mandamus and
    dismiss his motion to proceed in forma pauperis as moot.
    PER CURIAM
    Panel consists of Justices Wise, Spain, and Hassan.
    2
    

Document Info

Docket Number: 14-22-00833-CV

Filed Date: 12/20/2022

Precedential Status: Precedential

Modified Date: 12/26/2022