From Casetext: Smarter Legal Research

In re Hopkins

Court of Appeals of Texas, First District, Houston
May 11, 2006
No. 01-06-00231-CV (Tex. App. May. 11, 2006)

Opinion

No. 01-06-00231-CV

Opinion issued May 11, 2006.

Original Proceeding on Petition for Writ of Mandamus.

Panel consists of Chief Justice RADACK and Justices JENNINGS and ALCALA.


MEMORANDUM OPINION


Relator, James A. Hopkins, has filed a petition for a writ of mandamus seeking to compel the named relator, Latonia D. Wilson, District Clerk of Galveston County, to file relator's "Petition for Expunction of Records" and relator's motion for hearing by conference call. This Court has no jurisdiction to issue a writ of mandamus against a district clerk unless necessary to enforce our appellate jurisdiction. In re Washington, 7 S.W.3d 181, 182 (Tex.App.-Houston [1st] 1999) (orig. proceeding). The filing of a notice of appeal invokes this Court's jurisdiction. See id. (citing Olivo v. State, 918 S.W.2d 519, 522 (Tex.Crim.App. 1996), Rhem v. State, 820 S.W.2d 946, 947 (Tex.App.-Houston [1st] 1991) (published order)).

Relator has identified the underlying cause as Cause No. 85CR0152, Ex Parte James Albert Hopkins, in the 10th District Court of Galveston County.

We have no jurisdiction over relator's trial-court cause. Accordingly, we dismiss relator's petition for a writ of mandamus for want of jurisdiction.


Summaries of

In re Hopkins

Court of Appeals of Texas, First District, Houston
May 11, 2006
No. 01-06-00231-CV (Tex. App. May. 11, 2006)
Case details for

In re Hopkins

Case Details

Full title:IN RE JAMES A. HOPKINS, Relator

Court:Court of Appeals of Texas, First District, Houston

Date published: May 11, 2006

Citations

No. 01-06-00231-CV (Tex. App. May. 11, 2006)

Citing Cases

In re Wade

The failure of the district clerk to file the petition for expunction does not implicate our jurisdiction…

In re Chavez

The failure of the district clerk to file relator's pleadings and send him copies does not implicate our…