In Re Clint Harrison Eller v. the State of Texas
This text of In Re Clint Harrison Eller v. the State of Texas (In Re Clint Harrison Eller v. the State of Texas) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IN THE TENTH COURT OF APPEALS
No. 10-23-00221-CR
IN RE CLINT HARRISON ELLER
Original Proceeding
From the 440th District Court Coryell County, Texas Trial Court No. 20-26322
OPINION
Clint Harrison Eller’s petition for writ of mandamus was filed on July 24, 2023.
Eller seeks to compel the district clerk to file and the trial court judge to rule on various
motions that Eller alleges he has presented to the district clerk, but which the district clerk
refuses to file. This Court has no jurisdiction to issue a writ of mandamus to compel a
district clerk to take any action except in rare circumstances which are not present here.
See TEX. GOV'T CODE § 22.221 (a), (b); see also In re Simmonds, 271 S.W.3d 874, 879 (Tex.
App.—Waco 2008, orig. proceeding). 1 Accordingly, the petition for writ of mandamus
1"When a district clerk refuses to accept a pleading presented for filing, the party presenting the document may seek relief by filing an application for writ of mandamus in the district court." In re Bernard, 993 S.W.2d 453, 454 (Tex. App.—Houston [1st Dist.] 1999, orig. proceeding) (O'Connor, J., concurring). naming the District Clerk as the Respondent is dismissed for want of jurisdiction.
As to the petition for writ of mandamus against the district court judge, unless and
until the motion is “properly filed,” the trial court has no duty to rule upon it because
there is nothing upon which to rule. See State ex rel. Young v. Sixth Judicial Dist. Court of
Appeals, 236 S.W.3d 207, 210 (Tex. Crim. App. 2007) (orig. proceeding) (“trial court has a
ministerial duty to rule upon a motion that is properly and timely presented to it for a
ruling.”). Accordingly, the petition for writ of mandamus naming the District Court
Judge as the Respondent is denied.
TOM GRAY Chief Justice
Before Chief Justice Gray, Justice Johnson, and Justice Smith Petition dismissed and denied Opinion delivered and filed August 9, 2023 Publish [OT06]
In re Eller Page 2
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