CourtListener 9476352•In Re M. P. v. the State of Texas
Full text
Petition for Writ of Mandamus Denied and Memorandum Majority and
Dissenting Opinions filed February 15, 2024.
In The
Fourteenth Court of Appeals
NO. 14-23-00702-CV
IN RE M.P., Relator
ORIGINAL PROCEEDING
WRIT OF MANDAMUS
County Court at Law No. 3
Galveston County, Texas
Trial Court Cause No. 23-FD-1384
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)(1) requiring 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. 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. App. P. 52.3(k)(1) (necessary contents of petition); Tex. Civ. Prac. &
Rem. Code Ann. § 132.001 (authorizing unsworn declarations).
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 Jewell, Spain, and Wilson (Spain, J., dissenting).
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