In Re Ramel Blue v. the State of Texas ( 2023 )

Petition for Writ of Mandamus Denied, Sanctions Denied, Stay Lifted
and Memorandum Dissenting Opinion filed June 8, 2023.
In The
Fourteenth Court of Appeals
NO. 14-23-00302-CV
IN RE RAMEL BLUE, Relator
ORIGINAL PROCEEDING
WRIT OF MANDAMUS
387th District Court
Fort Bend County, Texas
Trial Court Cause No. 22-DCV-298913
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) requiring (1) 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 and (2) 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); 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. 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 would not rule on the motion for temporary relief at this time. I express no
opinion on the merits of the petition for a writ of mandamus.
/s/ Charles A. Spain
Justice
Panel consists of Chief Justice Christopher and Justices Jewell and Spain.
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