In Re Cheryl Lynn Smith Kemp v. the State of Texas
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Opinion
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-25-00461-CV
In re Cheryl Lynn Smith Kemp
ORIGINAL PROCEEDING FROM TRAVIS COUNTY
MEMORANDUM OPINION
Relator Cheryl Lynn Smith Kemp has brought this mandamus proceeding seeking
issuance of the writ against the Travis County District Clerk for reasons relating to the preparation
of the appellate record in Relator’s separate appeal pending before this Court, Cheryl Lynn Smith
Kemp v. Brian Thomas Kemp, No. 03-25-00276-CV. Because we lack writ power over the Travis
County District Clerk except as necessary to enforce our jurisdiction and because Relator’s petition
has not shown that issuance of the writ to the District Clerk is necessary to enforce our jurisdiction,
we deny the petition. See Tex. Gov’t Code § 22.221; In re Guajardo, No. 03-11-00821-CV, 2012
WL 254675, at *1 (Tex. App.—Austin Jan. 25, 2012, orig. proceeding) (mem. op.).
In addition, we also construe Relator’s mandamus petition as a motion filed in her
separate appeal, cause number 03-25-00276-CV, to supplement the record in that appeal. We issue
our order on that motion contemporaneously with the issuance of this opinion in the mandamus
proceeding. __________________________________________ Chari L. Kelly, Justice
Before Justices Triana, Kelly, and Theofanis
Filed: July 25, 2025
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