IN THE
TENTH COURT OF APPEALS
No. 10-13-00204-CR
IN RE CHRISTOPHER KEITH SCHMOTZER
Original Proceeding
ORDER
We denied Christopher Keith Schmotzer’s petition for writ of mandamus on
October 10, 2013. He has now filed a “Motion for Suspension of the rules pursuant to
T.R.A.P. Rule 2” and a “Motion for Rehearing Pursuant to T.R.A.P. 49.1.” The “Motion
for Suspension of the rules pursuant to T.R.A.P. Rule 2” did not contain a proper proof
of service as required by the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 9.5.
In a letter dated June 28, 2013, the Clerk of this Court informed Schmotzer that
the trial court judge, who is the respondent, and the State, which is the real party in
interest, are parties to this proceeding and must be served with copies of all documents
presented to the Court. See id.; 52.2. The Clerk also warned Schmotzer in the same
letter that, in the future, the failure to timely serve the trial court judge and the district
attorney with a copy of each document filed with this Court and provide this Court
with proof of service will result in the Court striking the document.
Schmotzer’s motion for suspension of the rules did not contain proof of service at
all. Accordingly, Schmotzer’s “Motion for Suspension of the rules pursuant to T.R.A.P.
Rule 2” is stricken.
Schmotzer’s “Motion for Rehearing Pursuant to T.R.A.P. 49.1” is denied.
PER CURIAM
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Motion stricken
Motion denied
Order issued and filed November 7, 2013
In re Schmotzer Page 2