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In re Herron

Court of Appeals Fifth District of Texas at Dallas
Jan 15, 2019
No. 05-18-00780-CV (Tex. App. Jan. 15, 2019)

Opinion

No. 05-18-00780-CV

01-15-2019

IN RE DEDERIAN DEMOND HERRON, Relator


Original Proceeding from the County Court at Law No. 5 Dallas County, Texas
Trial Court Cause No. CC-18-03311-E

ORDER

Before the Court is the "Notice of Appearance and Motion to Remove" filed by Geico Auto Insurance. Movant asks this Court to order relator to "cease and desist from including any e-service" on tnicely@geico.com and to remove tnicely@geico.com from relator's list of service recipients for this action. Movant also asks this Court to order all e-service providers to "cease and desist from permitting any e-service" on tnicely@geico.com and to remove tnicely@geico.com from the list of service recipients for this action.

Relator has not listed movant as a real party in interest on his filings in this case, movant's motion includes no evidence that movant has been served in this case, and movant presents no authority to establish that this Court is permitted to order relator not to serve movant with relator's filings. Moreover, this Court lacks jurisdiction to grant the requested relief as to the e-service providers. See, e.g., In re Potts, No. 14-14-00388-CV, 2014 WL 2767606, at *2 (Tex. App.—Houston [14th Dist.] June 17, 2014, orig. proceeding) (dismissing petition for writ of mandamus seeking writ ordering e-service provider to file certain pleadings). Accordingly, we DENY the motion.

/s/ ERIN A. NOWELL

JUSTICE


Summaries of

In re Herron

Court of Appeals Fifth District of Texas at Dallas
Jan 15, 2019
No. 05-18-00780-CV (Tex. App. Jan. 15, 2019)
Case details for

In re Herron

Case Details

Full title:IN RE DEDERIAN DEMOND HERRON, Relator

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Jan 15, 2019

Citations

No. 05-18-00780-CV (Tex. App. Jan. 15, 2019)