Full Opinion (html_with_citations)

DISMISSED and Opinion Filed December 30, 2022




                                           S   In The
                                 Court of Appeals
                          Fifth District of Texas at Dallas
                                      No. 05-22-01317-CV

                         IN RE ERNESTO CASTILLO, Relator

            Original Proceeding from the 302nd Judicial District Court
                              Dallas County, Texas
                       Trial Court Cause No. DF-17-17721

                            MEMORANDUM OPINION
                      Before Justices Schenck, Reichek, and Carlyle1
                               Opinion by Justice Reichek
      Relator Ernesto Castillo petitions this Court for a writ of mandamus

compelling the trial court to vacate the trial court’s “Order Holding Respondent in

Contempt for Failure to Pay Child Support[, ]Granting Judgment for Arrearages, and

Suspending Commitment.”

      By order dated December 19, 2022, we informed relator that his petition and

appendix in this proceeding did not comply with the Texas Rules of Civil Procedure

in three ways. First, the appendix attached to relator’s petition contained unredacted

sensitive information, including financial account numbers and a minor’s name,



      1
          Justice Carlyle not participating.
birthdate, and address in violation of Texas Rule of Appellate Procedure 9.9. See

TEX. R. APP. P. 9.9. Second, although relator included a properly authenticated

transcript of the testimony adduced at an August 4, 2022 hearing, the transcript did

not include the exhibits offered into evidence. See TEX. R. APP. P. 52.7(a). Third,

many of the documents included in relator’s appendix were not properly sworn or

certified copies. See TEX. R. APP. P. 52.3(k), 52.7(a). We struck relator’s petition

and appendix and granted relator leave to re-file a petition and appendix that

complied with the Texas Rules of Appellate Procedure on or before December 22,

2022. We cautioned relator that a failure to re-file as permitted by our order may

result in dismissal of this cause without further notice.

      On December 22, 2022, relator re-filed his Petition for Writ of Mandamus,

which included an attached Appendix (together, Amended Petition) in this

proceeding. Although relator corrected some of the deficiencies identified in our

December 19, 2022 order, relator failed to redact all sensitive information as ordered

by the Court. The Amended Petition still contains instances where sensitive

information remains unredacted, including the minor’s name, birthdate, and address.




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      Accordingly, because relator has not filed a petition and appendix that

complies with the Texas Rule of Appellate Procedure as ordered by this Court, we

STRIKE relator’s Amended Petition and DISMISS this original proceeding. See

TEX. R. APP. P. 42.3(c), 52.8(a).




                                        /Amanda L. Reichek/
                                        AMANDA L. REICHEK
                                        JUSTICE



221317F.P05




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