in Re: Michael Anthony Moore

• Court: Court of Appeals of Texas
• Decided: September 19, 2007
• Docket: 12-07-00341-CV
• Status: Published

Opinion

                NO. 12-07-00341-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

§         

IN RE: MICHAEL ANTHONY MOORE,

§                      ORIGINAL PROCEEDING

RELATOR

MEMORANDUM OPINION

            In this original mandamus proceeding, Michael Anthony Moore complains that Janice Staples, District Clerk of Anderson County, Texas, has not notified him that she has received and filed his petition and certain motions.  Because he has not received this notice, he assumes that Staples has received the documents, but refused to file them.  Accordingly, he seeks a writ of mandamus requiring her to file the documents.

            A court of appeals has the authority to issue writs of mandamus against a judge of a district or county in the court of appeals district and all writs necessary to enforce its jurisdiction.  Tex. Gov’t Code Ann. § 22.221 (Vernon 2004).  In order for a district clerk to fall within our jurisdictional reach, it must be established that the issuance of the writ of mandamus is necessary to enforce our jurisdiction.  See id.; In re Coronado, 980 S.W.2d 691, 692-93 (Tex. App.–San Antonio 1998, orig. proceeding).  Johnson has not demonstrated that the exercise of our mandamus authority against Staples is appropriate to enforce our jurisdiction.  Consequently, we have no authority to issue a writ of mandamus.  Accordingly, the petition for writ of mandamus is dismissed for want of jurisdiction.

                                                                                                     SAM GRIFFITH   

                                                                                                              Justice

Opinion delivered September 19, 2007.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(PUBLISH)