Di Ferrante v. Smith

I concur in the Court’s judgment; however, I would hold that the letter order issued by the respondent in this ease meets the requirements of Rule 121.

The majority holds that, despite its unequivocal nature, the letter order signed by respondent and issued on court letterhead does not necessarily meet the requirements of Rule 121. Tex.R.App. P. 121(a)(2)(c) and 121(a)(4) require a petition for writ of mandamus to be accompanied by a certified or sworn copy of the order complained of. Based on the holding in Goff v. Tuchscherer, 627 S.W.2d 397, 398-99 (Tex.1982), the majority questions whether…