in Re Robert Whitfield
This text of in Re Robert Whitfield (in Re Robert Whitfield) 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
IN THE TENTH COURT OF APPEALS
No. 10-18-00098-CR
IN RE ROBERT WHITFIELD
Original Proceeding
MEMORANDUM OPINION
Relator Robert Whitfield has filed a petition for writ of mandamus,1 seeking
mandamus relief against Teresa Black, the District Clerk of Freestone County.
A court of appeals has no jurisdiction to issue a writ of mandamus against a district
clerk except to protect its jurisdiction. See TEX. GOV’T CODE ANN. § 22.221(a), (b) (West
Supp. 2017); In re Bernard, 993 S.W.2d 453, 454 (Tex. App.—Houston [1st Dist.] 1999, orig.
proceeding). Relator’s petition does not allege facts that require us to protect our
jurisdiction, so we do not have jurisdiction to decide his petition for writ of mandamus
against the District Clerk.
1The petition has several procedural deficiencies. See TEX. R. APP. P. 52.3, 52.7. However, because of our disposition and to expedite it, we will implement Rule 2 and suspend these rules. Id. 2. We thus dismiss the petition for want of jurisdiction.
REX D. DAVIS Justice
Before Chief Justice Gray, Justice Davis, and Justice Scoggins Petition dismissed Opinion delivered and filed March 28, 2018 Do not publish [OT06]
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