in Re: Ray Albert Jones

• Court: Court of Appeals of Texas
• Decided: March 20, 2007
• Docket: 14-07-00220-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed March 20, 2007

Petition for Writ of Mandamus Denied and Memorandum Opinion filed March 20, 2007.

In The

Fourteenth Court of Appeals

____________

NO. 14-07-00220-CV

IN RE RAY ALBERT JONES, JR., Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On March 15, 2007, relator filed a petition for writ of mandamus in this court.  See Tex. Gov=t Code Ann. ' 22.221 (Vernon 2004); see also Tex. R. App. P. 52.  In the petition, relator asked this court to compel the William Howard White, Mayor, City of Houston, to place relator on the ballot for the May 12, 2007, special election for City Council.

Relator asserts that when he filed his application it was reviewed and accepted as fully compliant with all rules and regulations.  An affidavit from Imelda Varela, an Administration Manager with the Mayor=s Office disputes relator=s assertions.    Because the Texas Supreme Court=s holdings in In re Francis, 186 S.W.3d 534, 537 (Tex. 2006), and In re Sharp, 186 S.W.3d 556, 557 (Tex. 2006), concern only defective filings that have erroneously been approved, we find there are fact issues that must be determined after a hearing on the merits.  Accordingly, we deny relator=s petition for writ of mandamus.  See In re Angelini, 186 S.W.3d 558, 559 (Tex. 2006).

PER CURIAM

Petition Denied and Memorandum Opinion filed March 20, 2007.

Panel consists of Justices Yates, Edelman, and Seymore.