in Re Loyd Tom Logan, Jr.

• Court: Court of Appeals of Texas
• Decided: June 23, 2010
• Docket: 10-10-00197-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-10-00197-CR

IN RE LOYD TOM LOGAN, JR.

Original Proceeding

MEMORANDUM OPINION

Loyd Tom Logan, Jr. seeks a writ of mandamus compelling Respondent, the

Honorable Cindy Polley, County Clerk of Ellis County, to file his “Motion for Nunc Pro

Tunc.”1 We will deny Logan’s request for mandamus relief.

When a [county] clerk refuses to accept a pleading for filing, the party should attempt to file the pleading directly with the [county court at law] judge, explaining in a verified motion that the clerk refused to accept the pleading for filing. Should the [county court at law] judge refuse to accept the pleading for filing, this Court would have jurisdiction under our mandamus power to direct the [county court at law] judge to file the pleading.

1 We apply Rule of Appellate Procedure 2 to disregard numerous deficiencies in Logan’s mandamus pleadings, including his failures to include the required contents, certification, appendix, and record. See TEX. R. APP. P. 2; see also TEX. R. APP. P. 52.3; TEX. R. APP. P. 52.7(a). In re Simmonds, 271 S.W.3d 874, 879 (Tex. App.—Waco 2008, orig. proceeding) (citation

and footnote omitted) (quoting In re Bernard, 993 S.W.2d 453, 455 (Tex. App.—Houston

[1st Dist.] 1999, orig. proceeding) (O’Connor, J., concurring)).

Here, there is no indication that Logan followed this procedure. Accordingly, we

deny his mandamus petition.

FELIPE REYNA Justice Before Chief Justice Gray, Justice Reyna, and Justice Davis Petition denied Opinion delivered and filed June 23, 2010 Do not publish [OT06]

In re Logan Page 2