Court of Civil Appeals of Texas, 2023

In Re: Lavace Durell Morgan v. the State of Texas

In Re: Lavace Durell Morgan v. the State of Texas
Court of Civil Appeals of Texas · Decided July 14, 2023

In Re: Lavace Durell Morgan v. the State of Texas

Opinion

DENIED and Opinion Filed July 14, 2023

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00672-CV IN RE LAVACE DURELL MORGAN, Relator Original Proceeding from the 354th Judicial District Court Hunt County, Texas Trial Court Cause No. 21838 MEMORANDUM OPINION Before Justices Molberg, Goldstein, and Breedlove Opinion by Justice Goldstein Before the Court is relator’s July 10, 2023 petition for writ of mandamus wherein relator asks this Court to compel the trial court to rule on a nunc pro tunc motion.

Relator’s petition does not comply with the Texas Rules of Appellate Procedure in numerous respects. See TEX. R. APP. P. 52.1, 52.3(a)–(c), (f)–(h), (j), (k)(1)(A), 52.7(a)(1). Among other defects, the petition is not certified, see TEX. R. APP. P. 52.3(j), and the petition is not supported by a sufficient record or appendix, see TEX. R. APP. P. 52.3(k)(1)(A), 52.7(a)(1). Thus, relator’s petition does not meet the requirements of the Texas Rules of Appellate Procedure for consideration of mandamus relief. See In re Jones, No. 05-23-00492-CV, No. 05-23-00493-CV, 2023 WL 4101440, at *1 (Tex. App.—Dallas June 21, 2023, orig. proceeding) (mem. op.); see also In re Salinas, No. 05-23-00544-CV, No. 05-23-00545-CV, 2023 WL 4101439, at *1 (Tex. App.—Dallas June 21, 2023, orig. proceeding) (mem. op.).

Accordingly, we deny relator’s petition for writ of mandamus.

/Bonnie Lee Goldstein/ BONNIE LEE GOLDSTEIN JUSTICE 230672F.P05

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