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In re Watson

Court of Appeals of Texas, Fourteenth District
Aug 31, 2021
No. 14-21-00370-CV (Tex. App. Aug. 31, 2021)

Opinion

14-21-00462-CV

08-31-2021

IN RE CHARLES WATSON, Relator


ORIGINAL PROCEEDING WRIT OF MANDAMUS 270th District Court Harris County, Texas Trial Court Cause No. 2015-28746-B

Panel consists of Chief Justice Christopher and Justices Wise and Spain. (Spain, J., dissenting).

MEMORANDUM MAJORITY OPINION

PER CURIAM

On August 17, 2021, relator Charles Watson 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 Dedra Davis, presiding judge of the 270th District Court of Harris County, to set aside her August 9, 2021 order granting real parties in interest's motion for leave to designate responsible third parties.

Relator has not established that he is entitled mandamus relief. Accordingly, we deny relator's petition for writ of mandamus. We also deny relator's motion to stay.

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 (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. &Crim. 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.


Summaries of

In re Watson

Court of Appeals of Texas, Fourteenth District
Aug 31, 2021
No. 14-21-00370-CV (Tex. App. Aug. 31, 2021)
Case details for

In re Watson

Case Details

Full title:IN RE CHARLES WATSON, Relator

Court:Court of Appeals of Texas, Fourteenth District

Date published: Aug 31, 2021

Citations

No. 14-21-00370-CV (Tex. App. Aug. 31, 2021)