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In re Marlon

Court of Appeals of Texas, Fourteenth District
Mar 14, 2024
No. 14-23-00809-CV (Tex. App. Mar. 14, 2024)

Opinion

14-23-00809-CV

03-14-2024

IN RE OLIVEIRA FLORINDA MARLON, Relator


ORIGINAL PROCEEDING WRIT OF MANDAMUS County Court at Law No. 1 Waller County, Texas Trial Court Cause No. 19-01-25338

Panel consists of Justices Zimmerer, Spain, and Hassan.

MEMORANDUM OPINION

PER CURIAM

On October 25, 2023, relator Oliveira Florinda Marlon filed a "writ of mandamus." See Tex. Gov't Code Ann. § 22.221; see also Tex. R. App. P. 52. In the petition, relator asks the court to reopen In re Marriage of Nanette Yvette Marlon and Oliveira Florinda Marlon (14-19-00610-CV). We dismissed that appeal, as the filing fee was not paid. Tex.R.App.P. 5, 42.3(c). This court has the authority to issue writs of mandamus against a judge of a district, statutory county, statutory probate county, or county court in the court of appeals district and all writs necessary to enforce our jurisdiction. Tex. Gov't Code Ann. § 22.221(a), (b). This purported petition for a writ of mandamus is not directed at any of the judges listed above, and we have no subject-matter jurisdiction to proceed. Even were we to treat this a motion in the former appeal, our plenary power over our December 17, 2019 judgment in case number 14-19-00610-CV expired 60 days after judgment as there was no timely filed motion for rehearing or en banc reconsideration, or timely filed motion to extend time to file such a motion. Tex.R.App.P. 19.1.

We dismiss this proceeding for want of subject-matter jurisdiction.


Summaries of

In re Marlon

Court of Appeals of Texas, Fourteenth District
Mar 14, 2024
No. 14-23-00809-CV (Tex. App. Mar. 14, 2024)
Case details for

In re Marlon

Case Details

Full title:IN RE OLIVEIRA FLORINDA MARLON, Relator

Court:Court of Appeals of Texas, Fourteenth District

Date published: Mar 14, 2024

Citations

No. 14-23-00809-CV (Tex. App. Mar. 14, 2024)