in Re: Kenneth Lee Council
This text of in Re: Kenneth Lee Council (in Re: Kenneth Lee Council) 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.
Opinion
DENY and Opinion Filed January 10, 2021
S In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00320-CV
IN RE KENNETH COUNCIL, Relator
Original Proceeding
NUNC PRO TUNC MEMORANDUM OPINION Before Justices Partida-Kipness, Myers, and Carlyle1 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
1 We issue this nunc pro tunc memorandum opinion to reflect the correct panel of Justices hearing the original proceeding. (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
–2–
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