Opinion
14-21-00456-CV
08-20-2021
IN RE THE ARBORS ON WESTHEIMER APARTMENTS, Relator
ORIGINAL PROCEEDING WRIT OF MANDAMUS County Civil Court at Law No. 3 Harris County, Texas Trial Court Cause No. 1170644
Panel consists of Justices Jewell, Spain, and Wilson.
MAJORITY MEMORANDUM OPINION
PER CURIAM
On August 16, 2021, relator The Arbors on Westheimer Apartments 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 LaShawn Williams, presiding judge of County Civil Court at Law No. 3 of Harris County, to vacate her August 3, 2021 order entered in the underlying de novo appeal from the judgment of possession rendered in the justice court.
Relator has not established that it is entitled to mandamus relief. Accordingly, we deny relator's petition for writ of mandamus. We also deny relator's motion to stay.
MEMORANDUM DISSENTING OPINION
Charles A. Spain, Justice
Persisting in my view that our duty as judges is to reach a decision on the merits based on a proper record and that due process and due course of law require that this court give notice when the original-proceeding record does not comply with the Texas Rules of Appellate Procedure, I would give relator appropriate notice of involuntary dismissal for failure to comply with Texas Rule of Appellate Procedure 52.7(a)(2), requiring a properly authenticated transcript of any relevant testimony from any underlying proceeding, including any exhibits offered in evidence, or a statement that no testimony was adduced in connection with the matter complained. Tex.R.App.P. 52.7(a)(2); see In re Kholaif, 624 S.W.3d 228, 231 (order), mand. dism'd, 615 S.W.3d 369 (Tex. App.-Houston [14th Dist.] 2020) (orig. proceeding).
I dissent from the court's failure to provide notice and an opportunity to cure. I express no opinion on the merits of the petition for a writ of mandamus.