Opinion
NO. 14-20-00784-CV
01-12-2021
IN RE B.C., Relator
ORIGINAL PROCEEDING WRIT OF MANDAMUS
300th District Court Brazoria County, Texas
Trial Court Cause No. 93456-F
MEMORANDUM OPINION
On November 18, 2020, relator B.C. 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 release him from the obligations of the June 20, 2019 "Amended Order Enforcing Child Support Order, Granting Judgment and Suspending Commitment" signed by the Honorable Randall Hufstetler, presiding judge of the 300th District Court of Brazoria County, and declare the contempt order void.
The enforcement order holding relator in contempt suspended relator's commitment. Where a contemnor is not committed pursuant to a contempt order, the contemnor may seek review of the contempt order in a mandamus proceeding. In re Long, 984 S.W.2d 623, 625 (Tex. 1999) (orig. proceeding) (per curiam). --------
On December 3, 2020, the court issued an order advising him that his petition does not comply with the Texas Rules of Appellate Procedure and providing 10 days' notice that the court would dismiss the petition if the deficiencies were not cured. Specifically, we explained to relator his petition did not include (1) a certification that every factual statement in the petition is supported by competent evidence in the appendix or record or (2) an authenticated transcript of any relevant testimony from any underlying proceeding, including exhibits offered into evidence, or a statement that no testimony was adduced in connection with the matter complained of. See Tex. R. App. P. 52.3(j), 52.7.
In response to the court's order, relator filed an amended petition. Relator's amended petition, however, does not include the required certification under Rule 52.3(j). See id. 53.2(j).
Because relator's petition and amended petition do not comply with the Texas Rules of Appellate Procedure, they are dismissed.
PER CURIAM Panel consists of Justices Bourliot, Zimmerer, and Spain.