In re Pearland Urban Air, LLC Appeal from 270th District Court of Harris County (dissenting memorandum opinion)

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Petition for Writ of Mandamus Denied and Memorandum Majority and Dissenting Opinions filed October 21, 2022. In The Fourteenth Court of Appeals NO. 14-22-00753-CV IN RE PEARLAND URBAN AIR, LLC, Relator ORIGINAL PROCEEDING WRIT OF MANDAMUS 270th District Court Harris County, Texas Trial Court Cause No. 2022-17046 MEMORANDUM DISSENTING OPINION Relator has not complied with the mandatory provision of Texas Rule of Appellate Procedure 52.3(j) (“The person filing the petition must certify that he or she has reviewed the petition and concluded that every factual statement in the petition is supported by competent evidence included in the appendix or record.”). Tex. R. App. P. 52.3(j). Following this court’s precedent in Kholaif, I would give relator ten-days notice of involuntary dismissal for not complying with Rule 52.3(j). 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). I respectfully dissent from the court’s failure to provide notice and an opportunity to cure. I would not rule on the petition for a writ of mandamus at this time and express no opinion on the merits of the petition. /s/ Charles A. Spain Justice Panel consists of Justices Spain, Poissant, and Wilson (Poissant, M., majority). 2

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