Order entered September 23, 2022
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-00938-CV
IN RE JAMES ALAN BARNES, ET AL., Relators
Original Proceeding from the 44th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-16-15204
ORDER
Before Justices Molberg, Pedersen, III, and Garcia1
Before the Court is relators’ September 21, 2022 Petition for Writ of
Mandamus wherein relators challenge the trial court’s September 20, 2022 orders
on Plaintiffs’ Motions to Quash Depositions on Written Questions.
Based on our review, relators’ petition is not properly certified. See TEX. R.
APP. P. 52.3(j). Further, rule 52.7(a)(2) required relators to file with their petition
“a properly authenticated transcript of any relevant testimony from any underlying
proceeding, including any exhibits offered in evidence, or a statement that no
testimony was adduced in connection with the matter complained.” TEX. R. APP. P.
1
Justice Pedersen would deny mandamus relief without requesting a response. His dissenting opinion will
follow.
52.7(a)(2). Relators’ petition and the record reflect that the trial court held a
hearing on relators’ motions to quash on November 12, 2021. The record further
reflects that the matter complained of may have been addressed at a May 2, 2022
hearing. Relators have not filed a properly authenticated transcript of any
testimony from either hearing, nor have relators provided a statement that no
testimony was adduced in connection with the matter complained of at either
hearing. See id.
Further, the appendix in relators’ petition and mandamus record contain
unredacted sensitive information, including a minor’s full name, in violation of
Texas Rules of Appellate Procedure 9.9. See TEX. R. APP. P. 9.9.
Accordingly, we STRIKE relator’s Petition for Writ of Mandamus,
including its attached appendix, and relators’ Mandamus Record.
We also GRANT relators leave to re-file a petition and appendix that
complies with the Texas Rules of Appellate Procedure by 5:00 p.m. on September
28, 2022. We CAUTION relators that failure to re-file the petition and appendix as
permitted by this order might result in the dismissal of this cause without further
notice.
Also before the Court is relators’ Emergency Motion for Temporary Stay of
Proceedings. The motion is GRANTED in part and DENIED in part. To the
extent the motion seeks a stay of the trial court’s September 20, 2022 Order
Denying Plaintiffs’ Motion to Quash Deposition on Written Questions to Thelma
Lopez-Lira, M.D.; Order Denying Plaintiffs’ Motion to Quash Deposition on
Written Questions to Burton A. Kittay; and Order Denying Plaintiffs’ Motion to
Quash Deposition on Written Questions to Rani Pediatrics, we GRANT the
motion. To the extent the motion seeks any other relief, including a stay of all trial
court proceedings pending the resolution of this original proceeding, we DENY
that part of the motion.
The Court requests that real parties in interest and respondent file a response,
if any, to the petition for writ of mandamus by October 12, 2022.
/s/ DENNISE GARCIA
JUSTICE