in Re Roger Wayne Mitchel, Relator
This text of in Re Roger Wayne Mitchel, Relator (in Re Roger Wayne Mitchel, Relator) 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
NO. 07-07-0311-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL A
AUGUST 22, 2007
______________________________
IN RE RODGER WAYNE MITCHELL, RELATOR
_________________________________
Before CAMPBELL and HANCOCK and PIRTLE, JJ.
ON PETITION FOR WRIT OF MANDAMUS
By a petition, relator Rodger Wayne Mitchell requests issuance of mandamus directing the District Clerk of Potter County to provide him a copy of “the judgment papers of his revocation of deferred adjudicated probation.” We dismiss the mandamus petition for want of jurisdiction.
An intermediate appellate court has jurisdiction to issue writs of mandamus against a district clerk only when necessary to enforce its jurisdiction over a pending appeal. In re Jackson , No. 07-03-0372-CV, 2003 WL 22047701 at *1 (Tex.App.–Amarillo September 2, 2003, orig. proceeding). Relator's mandamus petition does not claim, nor does it appear to seek relief designed to enforce this court's jurisdiction. We have no pending appeal involving Mitchell and he does not allege that such an appeal exists.
We conclude the relief relator seeks here against the district clerk lies outside our writ authority. Thus, we have no jurisdiction over the request. Accordingly, relator's petition seeking a writ of mandamus is dismissed for want of jurisdiction.
Mackey K. Hancock
Justice
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