Opinion
12-22-00239-CV
09-22-2022
IN RE: NORMAN YOES, RELATOR NORMAN YOES, Relator v. TREY HATTAWAY, Respondent
ORIGINAL PROCEEDING
Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.
MEMORANDUM OPINION
PER CURIAM
Norman Yoes, acting pro se, filed this original proceeding in which he seeks a writ compelling Respondent, Gregg County District Clerk Trey Hattaway, to provide him with file-marked copies of various documents.
Janelle Marie Avritt is the Real Party in Interest. The Gregg County website reflects that a judgment was entered in the parties' divorce proceeding in December 2021.
A district clerk is not a judge over which this Court has mandamus jurisdiction; nor does the record demonstrate that issuance of a writ of mandamus against Respondent is necessary to protect this Court's jurisdiction. See TEX. GOV'T CODE ANN. § 22.221(a), (b) (West Supp. 2020) (writ power); see also In re Dotson, No. 12-20-00205-CV, 2020 WL 5552626 (Tex. App.- Tyler Sept. 16, 2020, orig. proceeding) (per curiam) (mem. op.) (dismissing mandamus proceeding against district clerk for want of jurisdiction); In re Vargas, No. 01-12-00351-CV, 2012 WL 1454550, at *1 (Tex. App.-Houston [1st Dist.] Apr. 26, 2012, orig. proceeding) (per curiam) (mem. op) (same). Because this Court lacks jurisdiction to grant mandamus relief under the circumstances of this case, we dismiss the petition for writ of mandamus for want of jurisdiction. All pending motions are overruled as moot.
JUDGMENT
ON THIS DAY came to be heard the petition for writ of mandamus filed by Norman Yoes; who is the relator in appellate cause number 12-22-00239-CV and a party in trial court cause number 2021-1097-DR, formerly pending on the docket of the 307th Judicial District Court of Gregg County, Texas. Said petition for writ of mandamus having been filed herein on September 1, 2022, and the same having been duly considered, because it is the opinion of this Court that it lacks jurisdiction, it is therefore CONSIDERED, ADJUDGED and ORDERED that the said petition for writ of mandamus be, and the same is, hereby dismissed for want of jurisdiction.