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In re Howard

Court of Appeals Fifth District of Texas at Dallas
Jul 2, 2019
No. 05-19-00744-CV (Tex. App. Jul. 2, 2019)

Opinion

No. 05-19-00744-CV

07-02-2019

IN RE STACEY D. HOWARD, Relator


Original Proceeding from the 401st Judicial District Court Collin County, Texas
Trial Court Cause No. 401-04354-2013

MEMORANDUM OPINION

Before Justices Whitehill, Partida-Kipness, and Pedersen, III
Opinion by Justice Whitehill

In this original proceeding, relator seeks a writ of mandamus directing the district court clerk to file relator's "motions to enforce and modify its judgment" without requiring relator to pay a filing fee. This Court's mandamus jurisdiction is governed by Section 22.221 of the Texas Government Code. TEX. GOV'T CODE ANN. § 22.221. Section 22.221 expressly limits the writ power of the courts of appeals to issuance of: (a) writs of mandamus and other writs necessary to enforce the jurisdiction of the court, and (b) writs of mandamus against (1) a judge of a district, statutory county, statutory probate county, or county court in the court of appeals district, (2) a judge of a district court who is acting as a magistrate at a court of inquiry under Chapter 52 of the code of criminal procedure in the court of appeals district, or (3) an associate judge of a district or county court appointed by a judge under Chapter 201 of the family code in the court of appeals district for the judge who appointed the associate judge. Id. §§ 22.221(a), 22.221(b)(1-3).

The district clerk is not a district court or county court judge in this court's district, and relator has not shown that the issuance of a writ compelling the requested relief is necessary to enforce this Court's appellate jurisdiction. Therefore, we do not have jurisdiction to issue a writ of mandamus against the Collin County District Clerk as requested. See, e.g., In re Simpson, 997 S.W.2d 939 (Tex. App.—Waco 1999, orig. proceeding) (per curiam) ("The Government Code does not confer mandamus jurisdiction over District Clerks upon the courts of appeals"); see also In re Johnson, No. 05-18-01503-CV, 2018 WL 6629537, at *1 (Tex. App.—Dallas Dec. 19, 2018, orig. proceeding) (mem. op.) (citing Simpson and In re Brown, No. 06-17-00049-CR, 2017 WL 1404372, at *1 (Tex. App.—Texarkana Apr. 18, 2017, orig. proceeding) (mem. op.)). Accordingly, we dismiss relator's petition for writ of mandamus for want of jurisdiction.

/Bill Whitehill/

BILL WHITEHILL

JUSTICE 190744F.P05


Summaries of

In re Howard

Court of Appeals Fifth District of Texas at Dallas
Jul 2, 2019
No. 05-19-00744-CV (Tex. App. Jul. 2, 2019)
Case details for

In re Howard

Case Details

Full title:IN RE STACEY D. HOWARD, Relator

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Jul 2, 2019

Citations

No. 05-19-00744-CV (Tex. App. Jul. 2, 2019)