in Re: Arthur Johnson

• Court: Court of Appeals of Texas
• Decided: September 15, 2005
• Docket: 14-05-00919-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed September 15, 2005

Petition for Writ of Mandamus Denied and Memorandum Opinion filed September 15, 2005.

In The

Fourteenth Court of Appeals

____________

NO. 14-05-00919-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 September 2, 2005, relator filed a petition for writ of mandamus in this court.  See Tex. Gov=t. Code Ann. ' 22.221 (Vernon 2004); see also Tex. R. App. P. 52.   Relator seeks a writ of mandamus against the county clerk for her alleged failure to file relator=s motion in opposition to a proposed order for declaratory judgment.

Relator has not established that he is entitled to mandamus relief.  We have no jurisdiction to issue a writ of mandamus against a clerk unless it is necessary to enforce our jurisdiction.  In re Washington, 7 S.W.3d 181, 182 (Tex. App.CHouston [1st Dist.] 1999, orig. proceeding).  In this instance, we do not have jurisdiction over relator=s complaint.  Further, relator=s petition fails to meet the requisites of Rule 52 of the Texas Rules of Appellate Procedure.  Accordingly, we deny relator=s petition for writ of mandamus.

PER CURIAM

Petition Denied and Memorandum Opinion filed September 15, 2005.

Panel consists of Justices Fowler, Edelman, and Guzman.