in Re Jose A. Perez and Nancy C. Perez

Opinion issued December 3, 2010

In The

Court of Appeals

For The

First District of Texas

————————————

NO. 01-10-01051-CV

———————————

IN RE Jose A. perez and nancy c. perez, Relators

 

 

Original Proceeding on Petition for Writ of Mandamus

 

 

MEMORANDUM OPINION[1]

          Relators Jose A. Perez and Nancy C. Perez have filed a petition for writ of mandamus, complaining that the district court abused its discretion by (1) refusing to rule on certain motions pending in the underlying case, (2) permitting a dissolved corporation to prosecute a lawsuit against them, (3) refusing to allow relator, Nancy C. Perez, to “intervene and defend her property,” and (4) refusing to grant a motion for recusal. 

          The petition does not comply with the Texas Rules of Appellate Procedure.  Relators’ certificate of service does not state that a copy of the petition was served on the district court.  See Tex. R. App. P. 9.5(a) (requiring that a copy of the petition be served on all parties to the proceeding). 

Accordingly, we deny the petition for writ of mandamus.  All outstanding motions are denied as moot.

Per Curiam

 

Panel consists of Justices Alcala, Higley, and Massengale.

 



[1]           The underlying case is Jordan Asha, PLLC d/b/a Clinica San Rafael v. Jose Perez v. Nancy C. Perez, No. 2009-42174 in the 80th Judicial District Court of Harris County, Texas, the Hon. Larry Weiman presiding.