In re Paula Gist, Individually and as heir to J. Steven Gist Appeal from County Court at Law No 2 of Fort Bend County (memorandum opinion)

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Petition for Writ of Mandamus Denied and Dissenting Memorandum Opinion filed July 18, 2023. In The Fourteenth Court of Appeals NO. 14-23-00489-CV IN RE PAULA GIST, INDIVIDUALLY AND AS HEIR TO J. STEVEN GIST, Relator ORIGINAL PROCEEDING WRIT OF MANDAMUS County Court at Law No. 2 Fort Bend County, Texas Trial Court Cause No. 68377 DISSENTING MEMORANDUM 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 notice of involuntary dismissal for failure to comply with Texas Rules of Appellate Procedure 52.3(j) requiring a certification that the petition is supported by competent evidence included in the appendix or record and 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. & Crim. Code Ann. § 132.001 (authorizing unsworn declarations). A checklist for these requirements for petitions in original proceedings is available on this court’s website. 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 Wise, Bourliot, and Spain. 2

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