Opinion
14-24-00262-CV
06-04-2024
IN RE TONI L. MINGO, Relator
ORIGINAL PROCEEDING WRIT OF MANDAMUS 269th District Court Harris County, Texas Trial Court Cause No. 2023-54884
Panel consists of Wise, Spain, and Hassan Justices.
MEMORANDUM MAJORITY OPINION
PER CURIAM
On Thursday, April 11, 2024, relator Toni L. Mingo 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 Cory Don Sepolio, presiding judge of the 269th District Court of Harris County, to vacate his order denying relator's Rule 91(a) motion to dismiss the petition in intervention filed by real party in interest, Trident Realty Investments, LLC.
Relator has not established that she is entitled to mandamus relief. Accordingly, we deny relator's petition for writ of mandamus.
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 ten-days notice of involuntary dismissal for failure to comply with Texas Rule of Appellate Procedure 52.7(a) 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.