in Re James A. Hopkins

• Court: Court of Appeals of Texas
• Decided: May 11, 2006
• Docket: 01-06-00231-CV
• Status: Published

Opinion

Opinion issued May 11, 2006

In The

Court of Appeals

For the

First District of Texas

____________

NO. 01-06-00231-CV

IN RE JAMES A. HOPKINS, Relator

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Original Proceeding on Petition for Writ of Mandamus

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MEMORANDUM OPINIONRelator , James A. Hopkins, has filed a petition for a writ of mandamus seeking to compel the named relator, Latonia D. Wilson, District Clerk of Galveston County, to file relator’s “Petition for Expunction of Records” and relator’s motion for hearing by conference call. This Court has no jurisdiction to issue a writ of mandamus against a district clerk unless necessary to enforce our appellate jurisdiction. In re Washington, 7 S.W.3d 181, 182 (Tex. App.—Houston [1st Dist.] 1999) (orig. proceeding). The filing of a notice of appeal invokes this Court’s jurisdiction. See id. (citing Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App.1996), Rhem v. State, 820 S.W.2d 946, 947 (Tex. App.—Houston [1st Dist.] 1991) (published order)).

          We have no jurisdiction over relator’s trial-court cause. Accordingly, we dismiss relator’s petition for a writ of mandamus for want of jurisdiction.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Jennings and Alcala.