Opinion
14-23-00551-CV
08-31-2023
IN RE LOYD LANDON SORROW SENIOR, Relator
ORIGINAL PROCEEDING WRIT OF MANDAMUS 334th District Court Harris County, Texas Trial Court Cause No. 2017-33383
Panel consists of Justices Jewell, Spain, and Wilson. (Spain, J., dissenting).
MEMORANDUM DISSENTING OPINION
CHARLES A. SPAIN, JUSTICE
While I agree that relator's petition is deficient for not providing a record as required by Texas Rule of Appellate Procedure 52.7, the petition also does not comply with Rule 52.3(h) by containing "a clear and concise argument for the contentions made." Tex.R.App.P. 52.3(h), 52.7(a). It is not clear to me what action by the respondent judge is properly the subject of review by mandamus in light of the pending appeal in case number 14-23-00314-CV.
Before jumping directly to dismissal, I would give relator notice of an involuntary dismissal for want of prosecution and an opportunity to cure by filing an amended petition. Because the court does not afford relator this due process, I dissent.