In re James H. Gentry

Summary

The Fifth District Court of Appeals of Texas denied James H. Gentry’s petition for writ of mandamus seeking to compel the trial court to rule on a motion for a nunc pro tunc order. The court held that the petition failed to comply with certification and record-authentication requirements under Texas Rules of Appellate Procedure 52.3 and 52.7.

Holdings

1. A mandamus petition must contain a certification substantially stating that the relator reviewed the petition and concluded that every factual statement is supported by competent evidence included in the appendix or record; a certification that the petition is merely true and correct to the best of the relator's knowledge does not satisfy Rule 52.3(j).
2. A relator seeking mandamus relief must provide a sufficient record, including certified or sworn copies of documents material to the claim; unauthenticated copies do not satisfy the appellate rules or establish entitlement to mandamus relief.

Questions Presented

1. Whether Gentry's mandamus petition complied with the certification requirement of Texas Rule of Appellate Procedure 52.3(j).
2. Whether Gentry established entitlement to mandamus relief by providing a sufficient record, including certified or sworn copies of material documents under Texas Rules of Appellate Procedure 52.3(k)(1)(A) and 52.7(a)(1).

Disposition

writ_denied