Ronald E. Dana and Linda D. Dana v. Diamante Members Club, Inc. Appeal from 199th Judicial District Court of Collin County (memorandum opinion)

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REVERSE and REMAND and Opinion Filed January 18, 2022 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-20-00828-CV RONALD E. DANA AND LINDA D. DANA, Appellants V. DIAMANTE MEMBERS CLUB, INC., Appellee On Appeal from the 199th District Court Collin County, Texas Trial Court Cause No. 199-01509-2020 MEMORANDUM OPINION Before Justices Myers, Molberg, and Garcia Opinion by Justice Garcia In this restricted appeal, appellants argue that there is error apparent on the face of the record because appellee failed to comply with the mandatory requirements for domesticating a foreign judgment under the Uniform Enforcement of Foreign Judgments Act (“UEFJA”); specifically, that appellees failed to file notice of the filing or present the court with a proper affidavit authenticating the filing. See TEX. CIV. PRAC. & REM. CODE ANN. § 35.004(a), (b)(2). Appellee concedes error on the face of the record supporting reversal and remand of the case. Having reviewed the record, we agree that the UEFJA requirements were not met and there is error apparent on the face of the record. See id; see also TEX. R. APP. P. 26.1(c); Alexander v. Lynda’s Boutique, 134 S.W.3d 845, 848 (Tex. 2004). Accordingly, we reverse the trial court’s judgment and remand for further proceedings consistent with this opinion. /Dennise Garcia/ DENNISE GARCIA JUSTICE 200828F.P05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT RONALD E. DANA AND LINDA D. DANA, Appellant No. 05-20-00828-CV On Appeal from the 199th Judicial District Court, Collin County, Texas Trial Court Cause No. 199-015092020. Opinion delivered by Justice Garcia. Justices Myers and Molberg participating. V. DIAMANTE MEMBERS CLUB, INC., Appellee In accordance with this Court’s opinion of this date, the judgment of the trial court is REVERSED and this cause is REMANDED to the trial court for further proceedings consistent with this opinion. It is ORDERED that each party bear its own costs of this appeal. Judgment entered this 18th day of November 2021. –3–

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