Opinion
No. 01-06-00027-CV
Opinion issued July 13, 2006.
Original Proceeding on Petition for Writ of Mandamus.
Panel consists of Chief Justice RADACK and Justices JENNINGS and ALCALA.
MEMORANDUM OPINION
Relator, Ralph O. Douglas, filed a petition for a writ of mandamus, complaining of Judge Dorfman's alleged refusal to rule on his requests for entry of a default judgment, request to set the underlying lawsuit for trial, and his request to order the submission of handwriting samples. The original — proceeding record contains copies of transmittal letters from relator to the Harris County District Clerk's Office requesting that the trial — court clerk file his "fourth request for entry of default judgment" and "fifth request for immediate trial setting," but does not contain copies of the requests as required by Texas Rule of Appellate Procedure 52.7(a)(1). Relator has filed three previous petitions for writs of mandamus, all of which were denied. In re Douglas, No. 01-02-00778-CV (Tex.App.-Houston [1st Dist.] Aug. 8, 2002, orig. proceeding); In re Douglas, No. 01-02-00779-CV (Tex.App.-Houston [1st Dist.] Aug. 1, 2002, orig. proceeding); In re Douglas, No. 01-02-00960-CV (Tex.App.-Houston [1st Dist.] Nov. 27, 2002, orig. proceeding).
The Honorable Grant Dorfman, judge of the 129th District Court of Harris County, Texas. The underlying lawsuit is Douglas v. Porter, No. 2001-55507 (129th Dist. Ct., Harris County, Tex., filed Oct. 25, 2001), appeal dismissed, No. 14-03-00132-CV (Tex.App.-Houston [14th Dist.] May 22, 2003, no pet.
The trial court's docket reflects that Marcelyn Curry, the lawyer for the real party in interest, filed a "motion for protection," which the trial court granted on June 24, 2002. Relator filed a notice of appeal, apparently from the June 24, 2002 interlocutory order. The Fourteenth Court of Appeals dismissed the appeal for want of prosecution on May 22, 2003 because no clerk's record was filed. The Fourteenth Court's May 22, 2003 judgment recited that the trial court signed a judgment on June 24, 2002, but this recitation is not material because the appeal was not adjudicated on the merits.
After relator filed his petition, Judge Dorfman signed an order on April 28, 2006 denying relator's third request to render a default judgment based on relator's failure to (a) file an affidavit required by the Servicemembers Civil Relief Act, 50 U.S.C. app. § 521(b)(1) and (b) prove his liquidated and unliquidated damages by sworn testimony. Based on the April 28, 2006 order and the lack of a proper record, we dismiss as moot the petition for a writ of mandamus.