Opinion
No. 01-03-00002-CV.
Opinion issued March 14, 2003.
Original Proceeding on Petition for Writ of Mandamus.
Panel consists of Justices HEDGES, JENNINGS, and ALCALA.
MEMORANDUM OPINION
Relator has filed a petition for writs of mandamus complaining principally of Judge Erwin Ernst's and Walker County District Clerk Bernice Coleman's refusal to file in the underlying cause (1) relator's amended petition and (2) a motion to recuse Judge Ernst. See generally Tex.R.Civ.P. 18a, 63.
The Honorable Erwin Ernst, former judge of the 12th District Court of Walker County, Texas. The underlying lawsuit is Balawajder v. Belanger, No. 17,542 (12th Dist. Ct., Walker County, Tex.).
In a February 16, 2001 letter to relator, Ms. Colemon stated, "I am returning your Motion to recuse Judge Ernst and Amended Petition in cause number 17,542. As you know by now that case has been dismissed by the appeals court." Ms. Colemon was apparently referring to the Fourteenth Court of Appeals' opinion and judgment in Balawajder v. Belanger, No. 14-00-01136-CV (Tex.App.-Houston [14th Dist.] Nov. 16, 2000, no pet.). In that appeal, the Fourteenth Court dismissed the appeal — not the underlying cause because there was no final judgment in the underlying cause. It its opinion, the Fourteenth Court stated, "the trial court retains plenary power over this cause." Id., slip op. at 2.
Judge Ernst is no longer the judge of the 12th District. The proceeding against him is, therefore, moot. See generally State v. Olsen, 360 S.W.2d 402, 403 (Tex. 1962). Furthermore, we have no general writ power over a district clerk. See Tex. Gov't Code Ann. § 22.221(b) (Vernon Supp. 2003); In re Washington, 7 S.W.3d 181, 182 (Tex.App.-Houston [1st Dist.] 1999, orig. proceeding).
We dismiss the petition for writs of mandamus.