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In re Brown

Court of Appeals of Texas, Fifth District, Dallas
Nov 15, 2006
No. 05-06-01475-CV (Tex. App. Nov. 15, 2006)

Opinion

No. 05-06-01475-CV

Opinion issued November 15, 2006.

Original Proceeding from the 196th Judicial District Court, Hunt County, Texas, Trial Court Cause No. 13,903.

Writ of Mandamus Dismissed.

Before Justices MOSELEY, BRIDGES, and FRANCIS.


MEMORANDUM OPINION


Relator seeks mandamus relief against the Hunt County District Clerk because the clerk allegedly will not forward records to him that he has requested under the Open Records Act. Relator asks us to issue a writ instructing the clerk to provide the records to him under the authority of sections 22.221 and 552.321 of the government code. We are without jurisdiction to grant relator's request.

Under section 22.221, we do not have jurisdiction to issue a writ of mandamus against a district clerk unless such writ is necessary to enforce our jurisdiction. See Tex. Gov't Code Ann. § 22.221(a), (b) (Vernon 2004); In re Washington, 7 S.W.3d 181, 182 (Tex.App.-Houston [1st Dist.] 1999, orig. proceeding). Relator makes no assertion that the clerk must act in order to enforce our jurisdiction. Under section 552.321 of the government code, we have no original jurisdiction to grant a writ of mandamus for the failure to make governmental information available upon request. See Garner v. Gately, 909 S.W.2d 61, 62 (Tex.App.-Waco 1995, orig. proceeding). Such mandamus relief must first be sought from the district court. Tex. Gov't Code Ann. § 552.321 (Vernon 2004).

Accordingly, we DISMISS relator's request for mandamus relief for want of jurisdiction. See Tex.R.App.P. 52.8.


Summaries of

In re Brown

Court of Appeals of Texas, Fifth District, Dallas
Nov 15, 2006
No. 05-06-01475-CV (Tex. App. Nov. 15, 2006)
Case details for

In re Brown

Case Details

Full title:IN RE TODD DWAYNE BROWN, Relator

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Nov 15, 2006

Citations

No. 05-06-01475-CV (Tex. App. Nov. 15, 2006)