in Re Estate of Gail and Dennis Newton

CourtCourt of Appeals of Texas
DecidedAugust 2, 2019
Docket05-19-00838-CV
StatusPublished

This text of in Re Estate of Gail and Dennis Newton (in Re Estate of Gail and Dennis Newton) 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.

Bluebook
in Re Estate of Gail and Dennis Newton, (Tex. Ct. App. 2019).

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)

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