in Re Carl Douglas Hayes, Relator ( 2005 )

NO. 07-05-0262-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL B
JULY 25, 2005
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In re: CARL DOUGLAS HAYES,
Relator
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Original Proceeding
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Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.
Carl Douglas Hayes applied for a writ of mandamus directing Charles Bacarisse,
district clerk, to file an original petition he sent to Bacarisse. We dismiss the application.
We, as an appellate court, have jurisdiction to issue a writ of mandamus against an
entity other than a trial court only when necessary to enforce our jurisdiction over a pending
appeal. In re Soto, No. 07-04-0413-CV, 2004 Tex. App. LEXIS 1751 (Tex. App.–Amarillo
August 9, 2004, orig. proceeding); In re Washington, 7 S.W.3d 181, 182 (Tex. App.—
Houston [1st Dist.] 1999, orig. proceeding). Given that Hayes seeks relief against a district
clerk for omitting to file an original petition and that the matter does not affect a pending
appeal, we lack jurisdiction to address the matter.
Accordingly, the application for writ of mandamus is dismissed for want of
jurisdiction.
Brian Quinn
Chief Justice