Order filed December 2, 2021.
In The
Fourteenth Court of Appeals
NO. 14-21-00646-CV
IN RE HENRY MALONE, Relator
ORIGINAL PROCEEDING
WRIT OF MANDAMUS
215th District Court
Harris County, Texas
Trial Court Cause No. 2019-78051
ORDER
On November 8, 2021, relator Henry Malone 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 Elaine
H. Palmer, presiding judge of the 215th District Court of Harris County, to vacate
the trial court’s order signed October 7, 2021, denying relator’s motion to compel
deposition responses and continuation of Dr. Ronald Henry, M.D.’s deposition and
assess costs of second deposition.
Relators must file with the petition a sufficient record to establish the right to
relief. Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) (orig. proceeding). Rule
52.7(a)(2) of the Texas Rules of Appellate Procedure requires the relators to file with the
petition “a properly authenticated transcript of any relevant testimony from any
underlying proceeding, including any exhibits offered into evidence, or a statement that
no testimony was adduced in connection with the matter complained.” Tex. R. App. P.
52.7(a)(2). Here, relator’s petition indicates that on October 7, 2021, the trial court held a
Zoom hearing on relator’s motion to compel. Relator’s petition is neither accompanied
by a reporter’s record of a hearing nor a statement that no testimony was adduced in
connection with the matter complained. See Tex. R. App. P. 52.7(a)(2).
By this order, the Court gives relator notice that his petition will be denied
unless relator supplements and/or amends his petition to address the record issue
identified above on or before December 16, 2021.
PER CURIAM
Panel consists of Chief Justice Christopher and Justices Wise and Hassan
(Christopher, C.J., dissents to order).
2