Opinion
14-24-00761-CV
11-07-2024
IN RE FARIBORZ SHOJAI, Relator
ORIGINAL PROCEEDING WRIT OF MANDAMUS 129th District Court Harris County, Texas Trial Court Cause No. 2020-50900
Panel consists of Justices Spain, Poissant, and Wilson (Spain, J., dissenting).
MEMORANDUM MAJORITY OPINION
PER CURIAM
On October 14, 2024, relator Fariborz Shojai 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 August 9, 2024 order granting real party in interest Morrell Masonry Supply Inc.'s partial summary judgment and the trial court's August 16, 2024 denial of relator's motion for summary judgment. On October 24, 2024, relator filed what appears to either amend or supplement his petition for writ of mandamus requesting this court "to declare the notice of lis pendens on 1628 Potomac, Houston, TX is moot, void and null . . . ."
Relator has not established that he is entitled to mandamus relief. Accordingly, we deny relator's petition for writ of mandamus. All pending motions are dismissed as moot.
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)(2) requiring relator to file "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).
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.