Petition for Writ of Mandamus Conditionally Granted and Majority and
Dissenting Memorandum Opinions filed March 17, 2023.
In The
Fourteenth Court of Appeals
NO. 14-23-00169-CV
IN RE ALEJANDRO SANCHEZ, Relator
ORIGINAL PROCEEDING
WRIT OF MANDAMUS
127th District Court
Harris County, Texas
Trial Court Cause No. 2023-08753
DISSENTING MEMORANDUM OPINION
This court’s practice allows for a single justice to ask for a response from the
real party in interest, and the clerk has made that request. The court’s practice does
not allow for an individual justice to ask that a relator file a proper
original-proceeding record, so the clerk will not make that request based on the
request of a single justice.
In this mandamus proceeding, the court reporter has notified the court that a
reporter’s record has been requested. As of today, relator has neither filed a
properly authenticated transcript of any relevant testimony from any underlying
proceeding, including any exhibits offered in evidence, nor has relator made a
statement that no testimony was adduced in connection with the matter
complained. See Tex. R. App. P. 52.7(a)(2). The fact that the court reporter has
stated that a record has been requested by relator suggests that the record may be
necessary.
It would be a simple matter for the clerk of this court to ask relator to
comply with the mandatory provisions of Rule 52.7(a)(2), notifying relator that
noncompliance will result in an involuntary dismissal. I feel certain that relator
would comply, allowing the court to determine whether relator is entitled to relief
based on a proper record. The court does not, depriving the relator of notice and an
opportunity to cure and leaving it to the subjective determination of the majority to
decide what constitutes enough of a record to rule on the merits. See generally In
re Rahbar, No. 14-23-00117-CV (Tex. App.—Houston [14th Dist.] Mar. 14, 2023,
orig. proceeding) (Spain, J., dissenting).
It is frustrating to not have a proper record on which to reach the merits,
especially as this could be easily resolved. But we don’t, and I dissent and
reluctantly express no opinion on the merits.
/s/ Charles A. Spain
Justice
Panel consists of Chief Justice Christopher and Justices Wise and Spain (Spain, J.,
dissenting).
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