In Re M. P. v. the State of Texas

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).

2