From Casetext: Smarter Legal Research

In re Newton

Court of Appeals Fifth District of Texas at Dallas
Aug 2, 2019
No. 05-19-00838-CV (Tex. App. Aug. 2, 2019)

Opinion

No. 05-19-00838-CV

08-02-2019

IN RE GAIL NEWTON AND DENNIS NEWTON, Relators


Original Proceeding from the County Court at Law No. 4 Collin County, Texas
Trial Court Cause No. 004-01623-2019

MEMORANDUM OPINION

Before Justices Bridges, Osborne, and Carlyle
Opinion by Justice Carlyle

In this original proceeding, relators seek a writ of mandamus ordering Collin County Clerk Stacy Kemp to "rescind all wet ink signatures and immediately non-suit any and all judicial claims." We do not have jurisdiction to issue a writ of mandamus against a county clerk except to protect our jurisdiction. See TEX. GOV'T CODE § 22.221; In re High Pointe Invs., LLC, 552 S.W.3d 384, 389 (Tex. App.—Waco 2018, orig. proceeding). Relator has not shown that the issuance of a writ compelling the requested relief is necessary to enforce this Court's appellate jurisdiction. Therefore, we do not have jurisdiction to issue a writ of mandamus against the Collin County Clerk. We dismiss this proceeding for want of jurisdiction.

/Cory L. Carlyle/

CORY L. CARLYLE

JUSTICE 190838F.P05


Summaries of

In re Newton

Court of Appeals Fifth District of Texas at Dallas
Aug 2, 2019
No. 05-19-00838-CV (Tex. App. Aug. 2, 2019)
Case details for

In re Newton

Case Details

Full title:IN RE GAIL NEWTON AND DENNIS NEWTON, Relators

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Aug 2, 2019

Citations

No. 05-19-00838-CV (Tex. App. Aug. 2, 2019)