in Re: Kenneth Lee Council

• Court: Court of Appeals of Texas
• Decided: August 2, 2021
• Docket: 05-21-00320-CV
• Status: Published

Opinion

DENIED and Opinion Filed August 2, 2021

In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00320-CV

IN RE KENNETH LEE COUNCIL, Relator

Original Proceeding

MEMORANDUM OPINION Before Justices Partida-Kipness, Myers, and Goldstein Opinion by Justice Partida-Kipness Relator’s May 5, 2021 petition for writ of mandamus challenges the failure

of the Texas Attorney General, Ken Paxton, to release public information to relator

regarding relator’s child support arrears.

Relator’s petition fails to comply with numerous requirements set forth in

Rule 52 of the Texas Rules of Appellate Procedure. Further, this Court does not

have the authority to issue a writ of mandamus against officers of this state’s

executive branch. TEX. GOV’T CODE § 22.002(c) (providing authority to the Texas

Supreme Court to issue writs against Texas executive branch officers); 22.221 (outlining the limited writ power of the Texas courts of appeals). Accordingly, we

deny relator’s petition for writ of mandamus.

/Robbie Partida-Kipness/ ROBBIE PARTIDA-KIPNESS JUSTICE

210320F.P05