In re Hayes

Full title: In re: CARL DOUGLAS HAYES, Relator

Court: Court of Appeals of Texas, Seventh District, Amarillo

Date published: Jul 25, 2005

No. 07-05-0262-CV (Tex. App. Jul. 25, 2005)

Opinion

No. 07-05-0262-CV

July 25, 2005.

Original Proceeding.

Panel B: Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.

BRIAN QUINN, Chief Justice.

Carl Douglas Hayes applied for a writ of mandamus directing Charles Bacarisse, district clerk, to file an original petition he sent to Bacarisse. We dismiss the application.

We, as an appellate court, have jurisdiction to issue a writ of mandamus against an entity other than a trial court only when necessary to enforce our jurisdiction over a pending appeal. In re Soto, No. 07-04-0413-CV, 2004 Tex. App. Lexis 1751 (Tex.App.-Amarillo August 9, 2004, orig. proceeding); In re Washington, 7 S.W.3d 181, 182 (Tex.App.-Houston [1^st Dist.] 1999, orig. proceeding). Given that Hayes seeks relief against a district clerk for omitting to file an original petition and that the matter does not affect a pending appeal, we lack jurisdiction to address the matter.

Accordingly, the application for writ of mandamus is dismissed for want of jurisdiction.