Opinion
14-24-00023-CV
02-22-2024
IN RE NORTH HOUSTON - TRMC, LLC D/B/A HCA HOUSTON HEALTHCARE TOMBALL, Relator
ORIGINAL PROCEEDING WRIT OF MANDAMUS 129th District Court Harris County, Texas Trial Court Cause No. 2022-43811
Panel consists of Justices Bourliot, Zimmerer, and Spain
MEMORANDUM MAJORITY OPINION
PER CURIAM
On January 11, 2024, relator North Houston - TRMC, LLC d/b/a HCA Houston Healthcare Tomball 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 Michael Gomez, presiding judge of the 129th District Court of Harris County, to vacate the trial court's September 11, 2023 order denying relator's amended motion for summary judgment.
Relator has not established that it is entitled to mandamus relief. Accordingly, we deny relator's petition for writ of mandamus.
MEMORANDUM DISSENTING OPINION
Charles A. Spain, Justice
Relator's mandamus record states there is a transcript of the September 11, 2023 oral hearing, suggesting there is relevant testimony from the underlying proceeding and possibly exhibits offered in evidence. See Tex. R. App. P. 52.7(a)(2). Relator has not filed that transcript as a part of the mandamus record.
Without commenting on whether that transcript and possible exhibits would change whether relator is entitled to the requested relief, I would give relator notice and allow relator to either supplement the mandamus record or file a statement that no testimony was adduced in connection with the matter complained. See Tex. R. App. P. 52.7(a)(2), (b).
I dissent to reaching the merits without notifying relator and allowing an opportunity to cure. 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).