Opinion
NO. 12-12-00246-CRNO. 12-12-00247-CR
07-31-2012
In re: WILLIAM ROBERT SMITH, RELATOR
ORIGINAL PROCEEDING
MEMORANDUM OPINION
PER CURIAM
In these original proceedings, Relator William Robert Smith seeks a writ of mandamus requiring Laurie Phillips, Deputy District Clerk of Nacogdoches County, Texas (Respondent), to "provide a list of the entire contents of this case [trial court cause numbers F14,473-2006, F14,474-2006] held in record by the Court, and that the list "be authenticated by the Clerk, to be a true and complete list."
A court of appeals has the authority to issue writs of mandamus against a judge of a district or county in the court of appeals district and all writs necessary to enforce its jurisdiction. TEX. GOV'T CODE ANN. § 22.221 (West 2004). In order for a deputy district clerk to fall within our jurisdictional reach, it must be established that the issuance of the writ of mandamus is necessary to enforce this court's jurisdiction. See id.; In re Coronado, 980 S.W.2d 691, 692-93 (Tex. App.-San Antonio 1998, orig. proceeding). Relator has not demonstrated that the exercise of our mandamus authority against Respondent is appropriate to enforce this court's jurisdiction. Consequently, we have no authority to issue a writ of mandamus in these proceedings. Accordingly, the petitions for writ of mandamus are dismissed for want of jurisdiction.Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.
(DO NOT PUBLISH)
JUDGMENT
NOS. 12-12-00246-CR
12-12-00247-CR
WILLIAM ROBERT SMITH, Relator
v.
HON. EDWIN A. KLEIN, Respondent
ORIGINAL PROCEEDING
ON THIS DAY came to be heard the petition for writ of mandamus filed by WILLIAM ROBERT SMITH, who is the relator in Cause Nos. F14,373-2006 and F14,374-2006, pending on the docket of the 420th Judicial District Court of Nacogdoches County, Texas. Said petition for writ of mandamus having been filed herein on July 18, 2012, and the same having been duly considered, because it is the opinion of this court that this court is without jurisdiction in this proceeding, and that the petition for writ of mandamus should be dismissed, it is therefore CONSIDERED, ADJUDGED and ORDERED that the said petition for writ of mandamus be, and the same is, hereby DISMISSED FOR WANT OF JURISDICTION.
By per curiam opinion.
Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.