in Re Estate of Gail and Dennis Newton

Court of Appeals of Texas·Decided August 2, 2019·No. 05-19-00838-CV·Published

Opinion

Dismissed w.o.j. and Opinion Filed August 2, 2019

In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-00838-CV

IN RE GAIL NEWTON AND DENNIS NEWTON, Relators

Original Proceeding from the County Court at Law No. 4 Collin County, Texas Trial Court Cause No. 004-01623-2019

MEMORANDUM OPINION Before Justices Bridges, Osborne, and Carlyle Opinion by Justice Carlyle In this original proceeding, relators seek a writ of mandamus ordering Collin County Clerk

Stacy Kemp to “rescind all wet ink signatures and immediately non-suit any and all judicial

claims.” We do not have jurisdiction to issue a writ of mandamus against a county clerk except to

protect our jurisdiction. See TEX. GOV’T CODE § 22.221; In re High Pointe Invs., LLC, 552 S.W.3d

384, 389 (Tex. App.—Waco 2018, orig. proceeding). Relator has not shown that the issuance of a

writ compelling the requested relief is necessary to enforce this Court’s appellate jurisdiction.

Therefore, we do not have jurisdiction to issue a writ of mandamus against the Collin County

Clerk. We dismiss this proceeding for want of jurisdiction.

/Cory L. Carlyle/ CORY L. CARLYLE JUSTICE 190838F.P05

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Related

In re High Pointe Invs., LLC
552 S.W.3d 384 (Court of Appeals of Texas, 2018)