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In re Johnson

Court of Appeals of Texas, Twelfth District, Tyler
Jan 25, 2006
No. 12-06-00018-CV (Tex. App. Jan. 25, 2006)

Opinion

No. 12-06-00018-CV

Opinion delivered January 25, 2006.

Original Proceeding.

Panel consisted of WORTHEN, C.J., GRIFFITH, J. and De VASTO, J.


MEMORANDUM OPINION


In this original proceeding, Jerome Leonard Johnson seeks a writ of mandamus requiring Carolyn Rains, District Clerk of Houston County, Texas, to "file and process all of the mail that was mailed to the newly elected District Clerk of Houston County, Texas, despite of the fact that it was addressed to the Former District Clerk." In particular, Johnson avers that, based upon erroneous information, he mailed his "Texas Tort Lawsuit" to Pam Pugh, Respondent's predecessor in office. Upon discovering his error, he sent a letter to Respondent, informing her of the error, but received no reply. He assumes from Respondent's silence that she has received his petition and ensuing correspondence, but has not filed his petition.

A court of appeals has the authority to issue writs of mandamus against a judge of a district or county in the court of appeals district and all writs necessary to enforce its jurisdiction. TEX. GOV'T CODE ANN. § 22.221 (Vernon 2004). In order for a district clerk to fall within our jurisdictional reach, it must be established that the issuance of the writ of mandamus is necessary to enforce our jurisdiction. See id. ; In re Coronado , 980 S.W.2d 691, 692-93 (Tex.App.-San Antonio 1998, orig. proceeding). Johnson has not demonstrated that the exercise of our mandamus authority against Respondent is appropriate to enforce our jurisdiction. Consequently, we have no authority to issue a writ of mandamus. Accordingly, the petition for writ of mandamus is dismissed for want of jurisdiction.


Summaries of

In re Johnson

Court of Appeals of Texas, Twelfth District, Tyler
Jan 25, 2006
No. 12-06-00018-CV (Tex. App. Jan. 25, 2006)
Case details for

In re Johnson

Case Details

Full title:IN RE: JEROME LEONARD JOHNSON, Relator

Court:Court of Appeals of Texas, Twelfth District, Tyler

Date published: Jan 25, 2006

Citations

No. 12-06-00018-CV (Tex. App. Jan. 25, 2006)