In re Simms

State of Texas in the Fourteenth Court of AppealsJul 9, 2019
NO. 14-19-00526-CV (Tex. App. Jul. 9, 2019)

NO. 14-19-00526-CV

07-09-2019

IN RE JOHNATHAN SIMMS, Relator


ORIGINAL PROCEEDING WRIT OF MANDAMUS
County Civil Court at Law No. 1 Harris County
, Texas
Trial Court Cause No. 1103691

MEMORANDUM OPINION

On July 5, 2019, relator Johnathan Simms filed a petition for writ of mandamus in this court. See Tex. Gov't Code Ann. § 22.221 (Supp.); see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the Honorable George Barnstone, Judge of the County Civil Court at Law No 1, in Harris County, Texas, to vacate his order dated April 16, 2019, granting real party in interest Jennifer Dao's motion for new trial. The new trial is preferentially set for July 17, 2019.

Relator also filed a motion for temporary relief, asking our court to stay the trial set for July 17, 2019, pending a decision on the petition for writ of mandamus. See Tex. R. App. P. 52.8(b), 52.10.

Texas Rule of Appellate Procedure 52.7(a)(2) requires the relator to file with the petition "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." See Tex. R. App. P. 52.7.

Because relator has not provided our court with a transcript of the hearing on the motion for new trial or a statement that that no testimony was adduced at the hearing in connection with the matter complained, as required by Rule52.7(a)(2), we deny relator's petition for writ of mandamus. Relator's motion for temporary relief is rendered moot by the denial of relator's request for mandamus relief.

PER CURIAM Panel consists of Chief Justice Frost and Justices Spain and Poissant.