Opinion
14-23-00302-CV
06-08-2023
IN RE RAMEL BLUE, Relator
ORIGINAL PROCEEDING WRIT OF MANDAMUS 387th District Court Fort Bend County, Texas Trial Court Cause No. 22-DCV-298913
Panel consists of Chief Justice Christopher and Justices Jewell and Spain
MAJORITY MEMORANDUM OPINION
Kevin Jewell Justice
On April 28, 2023, relator Ramel Blue filed a petition for writ of mandamus and an emergency motion for temporary relief 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 Janet B. Heppard, presiding judge of the 387th District Court of Fort Bend County, to vacate the portions of the trial court's April 21, 2023 temporary order that: (1) award real party in interest, Candace Marie Blue, exclusive use of the marital residence, and (2) award interim attorney fees to the attorney for real party in interest.
Real party in interest opposes the petition for writ of mandamus and relator's motion for temporary relief. Additionally, real party in interest requests sanctions pursuant to Rule 52.11 of the Texas Rules of Appellate Procedure, arguing that relator's petition for mandamus relief is groundless and brought solely for the purpose of delay and to raise the cost of the real party in interest's attorney's fees.
Relator has not established that he is entitled to mandamus relief. Accordingly, we deny relator's petition for writ of mandamus. We also lift our May 1, 2023 stay order. We deny real party in interest's request for sanctions.
Charles A. Spain, J., dissenting
MEMORANDUM DISSENTING OPINION
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 ten-days' notice of involuntary dismissal for failure to comply with Texas Rule of Appellate Procedure 52.7(a) requiring (1) 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 and (2) 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); 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); see also Tex. R. 52.3(k)(1) (necessary contents of petition); Tex. Civ. Prac. & Rem. Code Ann. § 132.001 (authorizing unsworn declarations).
I dissent from the court's failure to provide notice and an opportunity to cure. I would not rule on the motion for temporary relief at this time. I express no opinion on the merits of the petition for a writ of mandamus.