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In re Sondley

Court of Appeals of Texas, Amarillo
Mar 10, 1999
990 S.W.2d 361 (Tex. App. 1999)

Summary

following Posner

Summary of this case from Smith v. Smith

Opinion

No. 07-99-0072-CV

Filed March 10, 1999

On Petition For Writ Of Mandamus.

Steven L. Sondley, Sr., pro se.

Honorable G. Thomas Cannon, Judge, County Court at Law #2 for Appellee.

Before BOYD, C.J., and REAVIS and JOHNSON, JJ.


In this proceeding, relator Steven L. Sondley, Sr. seeks mandamus relief against G. Thomas Cannon, Judge of the Lubbock County Court at Law No. 2. He requests that we order the respondent judge to "consider his `First Amended Original Answer and Motion to Dismiss Where Court Lacks Jurisdiction and Petitioners Lack Standing.'" Because we lack authority to enter such an order, we deny the relief sought.

According to relator's petition, Mike and Kathy Hargrove filed suit in respondent's court seeking to terminate relator's parental rights and to adopt his child. He acknowledges that he was appointed legal counsel at his request because he is imprisoned and cannot afford representation. However, he maintains, he is unhappy with that attorney's representation and consequently has filed several pro se pleadings with the court. He asserts that because he is represented by an attorney, the court has ignored his pro se pleadings, in particular, his above entitled pleading.

A writ of mandamus will only be issued "to correct a clear abuse of discretion or [a] violation of a duty imposed by law where there is no other remedy by law." Johnson v. Fourth Court of Appeals, 700 S.W.2d 916, 917 (Tex. 1985). In civil cases, a party is entitled to represent himself or to be represented by an attorney, but he is not entitled to representation partly by counsel and partly pro se. Tex. R. Civ. P. 7; Posner v. Dallas County Child Welfare Unit, 784 S.W.2d 585, 588 (Tex.App. — Eastland 1990, writ denied). Consequently, a trial court is under no mandatory duty to accept or consider pleadings filed pro se by a party who is represented by counsel. That being true, relator has not shown that respondent has violated a duty or abused his discretion. Without such a showing, relator is not entitled to mandamus.

Accordingly, relator's petition must be, and is hereby, denied.


Summaries of

In re Sondley

Court of Appeals of Texas, Amarillo
Mar 10, 1999
990 S.W.2d 361 (Tex. App. 1999)

following Posner

Summary of this case from Smith v. Smith
Case details for

In re Sondley

Case Details

Full title:IN RE: STEVEN L. SONDLEY, SR

Court:Court of Appeals of Texas, Amarillo

Date published: Mar 10, 1999

Citations

990 S.W.2d 361 (Tex. App. 1999)

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