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In re Guess

Court of Appeals Fifth District of Texas at Dallas
Oct 11, 2017
No. 05-17-01163-CV (Tex. App. Oct. 11, 2017)

Opinion

No. 05-17-01163-CV No. 05-17-01164-CV No. 05-17-01165-CV No. 05-17-01166-CV

10-11-2017

IN RE BOBBY E. GUESS, Relator


Original Proceeding from the 296th Judicial District Court Collin County, Texas
Trial Court Cause Nos. 296-83755-2016 , 296-83756-2016, 296-83757-2016, and 296-83758-2016,

MEMORANDUM OPINION

Before Justices Lang, Brown, and Stoddart
Opinion by Justice Lang

Before the Court is relator's October 5, 2017 petition for writ of mandamus. Bruce Bryant filed this petition for writ of mandamus as relator's "authorized representative." Mr. Bryant is not an attorney, is not a party to the litigation and, therefore, cannot file a petition on behalf of relator. TEX. R. APP. P. 9.1(a),(b). Further, relator is represented by counsel in the underlying proceedings. Trial counsel is also relator's counsel for purposes of a related original proceeding. See In re Jackson, No. 05-02-00106-CV, 2002 WL 172133, at *1 (Tex. App.—Dallas Feb. 5, 2002, orig. proceeding) (denying pro se petition for writ of mandamus where relator was represented by counsel in trial court). Relator is not entitled to hybrid representation. Scheanette v. State, 144 S.W.3d 503, 505 n.2 (Tex. Crim. App. 2004) (appellant represented by counsel is not entitled to hybrid representation); Rudd v. State, 616 S.W.2d 623, 625 (Tex. Crim. App. [Panel Op.] 1981) (same). Accordingly, we deny relator's petition for writ of mandamus.

/s/Douglas S. Lang/

DOUGLAS S. LANG

JUSTICE 171163F.P05


Summaries of

In re Guess

Court of Appeals Fifth District of Texas at Dallas
Oct 11, 2017
No. 05-17-01163-CV (Tex. App. Oct. 11, 2017)
Case details for

In re Guess

Case Details

Full title:IN RE BOBBY E. GUESS, Relator

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Oct 11, 2017

Citations

No. 05-17-01163-CV (Tex. App. Oct. 11, 2017)