In Re Fariborz Shojai v. the State of Texas

Petition for Writ of Mandamus Denied and Memorandum Majority and
Dissenting Opinions filed November 7, 2024.

In The

Fourteenth Court of Appeals

NO. 14-24-00761-CV

IN RE FARIBORZ SHOJAI, Relator

ORIGINAL PROCEEDING
WRIT OF MANDAMUS
129th District Court
Harris County, Texas
Trial Court Cause No. 2020-50900

MEMORANDUM DISSENTING OPINION

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.

/s/ Charles A. Spain
Justice

Panel consists of Justices Spain, Poissant, and Wilson (Spain, J., dissenting).

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