Opinion
14-24-00287-CV
05-09-2024
IN RE KYLE FRENCH, Relator
ORIGINAL PROCEEDING WRIT OF HABEAS CORPUS 280th District Court Harris County, Texas Trial Court Cause No. 2021-83581
Panel consists of Justices Zimmerer, Spain, and Hassan.
ORDER
PER CURIAM
On April 18, 2024, relator Kyle French filed a petition for writ of habeas corpus in this Court. See Tex. Gov't Code Ann. § 22.221; see also Tex. R. App. P. 52. In the petition, relator asserts that his detention for contempt is illegal, asserting that the trial court's February 23, 2023 order modifying a protective order, the January 22, 2024 writ of commitment, and the January 24, 2024 amended order of contempt for violation of the protective order are void.
Relator's petition does not satisfy the Texas Rules of Appellate Procedure. Rule 52.7(a) requires the relator to file a record that contains "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 "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).
To date, relator has not provided this court a transcript of either the January 10, 2022 hearing that resulted in the original protective order or the February 24, 2023 hearing that resulted in an amended protective order. According to the real party in interest, during the hearings relator was informed of actions that would harass, annoy, alarm, abuse, torment, or embarrass the real party in interest. Additionally, relator has not provided transcripts from compliance hearings held on January 26, 2022, March 11, 2022, March 25, 2022, April 8, 2022, May 2, 2022, and September 19, 2022. The real party in interests asserts that during the compliance hearings relator received various warnings regarding communications with the real party in interest. Finally, relator must certify that he has provided this court with a complete transcript of the January 22, 2024 enforcement hearing. As the party seeking relief, the relator has the burden of providing the court with a sufficient mandamus or habeas record to establish the relator's right to relief. In re Watt, No. 05-19-00977-CV, 2019 WL 4233380, at *2 (Tex. App.-Dallas Sept. 16, 2019, orig. proceeding) (mem. op.).
On May 3, 2024, the real party in interest filed a motion to extend time to file her response to relator's petition for writ of habeas corpus, asserting "Real Party in Interest would need transcripts from all hearings, trials, and proceedings to adequately respond to his Writ. Real Party in Interest would request that Realtor [sic] provide all relevant transcripts." This court granted the motion and extended set the deadline for the real party in interest to file her response to May 24, 2023.
In her April 26, 2024, response in opposition to relator's motion for the court to set bond, the real party in interest provided this court the dates of various hearings conducted by the trial court.
On or before May 16, 2024, relator shall file in this court a record that conforms with the requirements of the Texas Rules of Appellate Procedure. See Tex. R. App. P. 52.7(a). Relator's failure to provide a sufficient record to this court will result in dismissal for want of prosecution of relator's petition for writ of habeas corpus.