in Re Dojo Bay House, LLC

Petition for Writ of Mandamus Denied and Memorandum Majority and Dissenting Opinions filed July 15, 2021.

In The Fourteenth Court of Appeals NO. 14-21-00154-CV IN RE DOJO BAY HOUSE, LLC, Relator ORIGINAL PROCEEDING WRIT OF MANDAMUS 151st District Court Harris County, Texas Trial Court Cause No. 2019-60692

MEMORANDUM DISSENTING OPINION

Relator has not provided an original-proceeding record that complies with the mandatory requirements of Texas Rule of Appellate Procedure 52.7, which is a condition precedent to this court determining the original proceeding on the merits. See Code Construction Act, Tex. Gov’t Code Ann. § 311.016(3) (defining “must”); Tex. R. App. P. 52.7; In re Kholaif, Nos. 14-20-00731-CV & 14-20-00732-CV, 2020 WL 7013339, at *1–4 (Tex. App.—Houston [14th Dist.] Nov. 25, 2020, order)1, disp., 615 S.W.3d 369, 370 (Tex. App.—Houston [14th Dist.] 2020) (orig. proceeding).

The court should have notified relator of the procedural issue with the original-proceeding record so that it could be cured. See Kholaif, 2020 WL 7013339, at *1, 615 S.W.3d at 370. The court did not, which is a due-process and due-course-of-law issue. See In re Pena, 619 S.W.3d 837, 839 (Tex. App.— Houston [14th Dist.] 2021) (orig. proceeding) (Bourliot, J., dissenting); Kholaif, 2020 WL 7013339, at *3.

I dissent to the court not notifying the relator of the procedural issue with the record and denying the petition on the merits without a proper record. I express no opinion on the merits of the petition for writ of mandamus.

/s/ Charles A. Spain

Justice Panel consists of Chief Justice Christopher and Justices Spain and Wilson. (Christopher, C.J., majority).