Caroline H. Martinez, Individually and Trustee of the Caroline H. Martinez Revocable Living Trust v. Robert Martinez

• Court: Court of Appeals of Texas
• Decided: March 22, 2017
• Docket: 10-15-00410-CV
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-15-00410-CV

CAROLINE H. MARTINEZ, INDIVIDUALLY AND TRUSTEE OF THE CAROLINE H. MARTINEZ REVOCABLE LIVING TRUST, Appellants v.

ROBERT MARTINEZ, Appellee

From the 170th District Court McLennan County, Texas Trial Court No. 2014-1202-4

ORDER

On March 3, 2016, counsel for Appellee Robert Martinez filed a motion to dismiss

that has been carried with the appeal. The appeal has not yet been decided.

On February 28, 2017, we received a pro se letter from Robert Martinez requesting

that the motion to dismiss be reviewed and that the case be dismissed “without delay.”

On March 3, 2017, we then received a second pro se letter from Robert Martinez requesting a “change in venue” in part “due to the excessive time this Court has taken to respond to

the Motion to Dismiss.”

Only the Texas Supreme Court has the authority to transfer an appeal from one

court of appeals district to another. Miles v. Ford Motor Co., 914 S.W.2d 135, 137 (Tex.

1995) (“Only the Supreme Court is authorized to transfer appellate cases.”); see TEX. GOV’T

CODE ANN. § 73.001 (West 2013). Furthermore, Robert Martinez is represented by

counsel. And a party is entitled to represent himself or to be represented by an attorney,

but he is not entitled to representation partly by counsel and partly pro se. Posner v. Dallas

County Child Welfare Unit of Tex. Dep’t of Human Servs., 784 S.W.2d 585, 588 (Tex. App.—

Eastland 1990, writ denied).

Accordingly, we dismiss Robert Martinez’s pro se requests.

PER CURIAM

Before Chief Justice Gray, Justice Davis, and Justice Scoggins Order issued and filed March 22, 2017 Do not publish

Martinez v. Martinez Page 2