In re Azhar Mahmood Chaudhary and Azhar Chaudhary Law Firm, PC

Summary

The First Court of Appeals of Texas denied a petition for writ of mandamus challenging a trial court order reinstating an underlying case. The relators argued that the order was void because the supporting unsworn declaration omitted the declarant’s date of birth and therefore did not sufficiently verify the motion to reinstate. A concurring opinion agreed with the denial on the record presented but urged clarification from the Texas Supreme Court regarding substantial compliance with the unsworn-declaration jurat requirements of Texas Civil Practice and Remedies Code section 132.001.

Holdings

1. Relators failed to establish that they were entitled to mandamus relief, so the petition was denied.
2. Unexplained delay in seeking mandamus relief may provide grounds to deny relief, although the court did not resolve whether delay-based doctrines apply when the challenged order is void.
3. The court did not grant mandamus relief on the theory that the reinstatement order was void.

Questions Presented

1. Whether relators established entitlement to mandamus relief requiring the trial court to vacate its July 25, 2024 reinstatement order.
2. Whether the omission of the declarant's date of birth from an unsworn-declaration jurat rendered the verification insufficient under Texas Civil Practice and Remedies Code section 132.001 and Texas Rule of Civil Procedure 165a(3).
3. Whether the trial court's reinstatement order was void because it was signed after expiration of the trial court's plenary power.
4. Whether relators' fourteen-month delay in seeking mandamus relief supported denial of the petition.

Disposition

writ_denied