in Re: Glory Hopkins

• Court: Court of Appeals of Texas
• Decided: January 10, 2006
• Docket: 14-06-00008-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed January 10, 2006

Petition for Writ of Mandamus Denied and Memorandum Opinion filed January 10, 2006.

In The

Fourteenth Court of Appeals

____________

NO. 14-06-00008-CV

IN RE GLORY HOPKINS, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On January 6, 2006, relator, Glory Hopkins, filed a petition for writ of mandamus in this court.  See Tex. Gov=t Code Ann. ' 22.221 (Vernon 2005); Tex. Elec. Code Ann. '' 161.009, 273.061 (Vernon 1986); see also Tex. R. App. P. 52.  Relator seeks a writ of mandamus directing Eric Thode, County Chairman of the Republican Party of Fort Bend County, to accept her application and certify her for placement on the Republican party general primary ballot as a candidate for the District Clerk of Fort Bend County.  Thode rejected relator=s application because it was not received by January 2, 2006, at 6:00 p.m.

Relator seeks equitable relief from the statutory deadline to file her application for a place on the general primary election ballot.  See Tex. Elec. Code Ann. '' 172.023(a) (Vernon 1986).  As relevant to this case, courts may fashion an equitable remedy, including extension of a statutory deadline, to correct an official=s violation of a statutory duty.  See In re Gamble, 71 S.W.3d 313, 318 (Tex. 2002).  On this record, relator has not established that the failure to timely file her application resulted from the violation of a statutory duty.

Accordingly, we deny relator=s petition for writ of mandamus.

PER CURIAM

Petition Denied and Memorandum Opinion filed January 10, 2006.

Panel consists of Justices Fowler, Edelman, and Guzman.