in Re: Arthur Johnson

• Court: Court of Appeals of Texas
• Decided: January 8, 2004
• Docket: 14-03-01317-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed January 8, 2004

Petition for Writ of Mandamus Denied and Memorandum Opinion filed January 8, 2004.

In The

Fourteenth Court of Appeals

____________

NO. 14-03-01317-CV

IN RE ARTHUR JOHNSON, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On November 25, 2003, relator filed a petition for writ of mandamus in this Court.  See Tex. Gov=t. Code Ann. ' 22.221 (Vernon Supp. 2003); see also Tex. R. App. P. 52.  Relator seeks a writ of mandamus to compel Charles Bacarisse to file the clerk=s record.

This court has jurisdiction to issue a writ against a district clerk if necessary to enforce our jurisdiction.  See Tex. Gov=t Code Ann. ' 22.221(a) (Vernon Supp. 2003).  However, relator has not established that the writ is necessary in this case.  The trial and appellate courts are jointly responsible for ensuring that the appellate record is timely filed.  Tex. R. App. P. 35.3(c).  Further, the appellate court may enter orders necessary to ensure timely filing of the record.  Id. 

Because we find that issuance of a writ of mandamus is not necessary to enforce our jurisdiction, we deny relator=s petition for writ of mandamus.

PER CURIAM

Petition Denied and Memorandum Opinion filed January 8, 2004.

Panel consists of Justices Yates, Hudson, and Fowler.