Opinion
14-24-00188-CV
03-26-2024
IN RE TARGET CORPORATION, Relator
ORIGINAL PROCEEDING WRIT OF MANDAMUS 240th District Court Fort Bend County, Texas Trial Court Cause No. 23-DCV-306488.
Panel consists of Justices Wise, Spain, and Hassan.
ORDER
PER CURIAM
On Wednesday, March 13, 2024, relator Target Corporation filed a petition for writ of mandamus in this court. See Tex. Gov't Code Ann. § 22.221; see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the Honorable Surendran Pattel, presiding judge of the 240th District Court of Fort Bend County, to (1) vacate the order granting real party in interest's "Motion for Leave to File Late Response to Relator's Traditional Motion for Summary Judgment" and (2) vacate the order denying relator's motion for summary judgment.
The appendix/record filed does not contain "a certified or sworn copy of any order complained of" and "a certified or sworn copy of every document that is material to the relator's claim for relief and that was filed in any underlying proceeding." Tex R. App. Rule 52.3(k)(1)(A). 52.7(a)(1).
Those seeking the extraordinary remedy of mandamus must follow the applicable procedural rules. In re Whitney, No. 14-13-00999-CV, 2013 WL 6157121, at *1 (Tex. App.-Houston [14th Dist.] Nov. 21, 2013, orig. proceeding). "Chief among these is the critical obligation to provide the reviewing court with a complete and adequate record." Id. (quoting In re Le, 335 S.W.3d 808, 813 (Tex. App.-Houston [14th Dist.] 2011, orig. proceeding)); see also Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992); Tex.R.App.P. 52.7(a). Generally, the record must contain either a written order from the trial court or a reporter's record of the trial court's oral order denying a motion for relief. Whitney, No. 14-13-00999-CV, 2013 WL 6157121, at *1.
On or before April 2, 2024, relator shall supplement its petition for writ of mandamus to comply with Texas Rules of Appellate Procedure 52.3(k)(1)(A) and 52.7(a)(1) or the petition will be dismissed for want of prosecution. Further, the court requests a response from the real party in interest to the petition for writ of mandamus to be filed within 14 days of relator's filing of the amended petition.