in Re Robert Whitfield ( 2018 )


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  •                                       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    Do not publish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]
    In re Whitfield                                                  Page 2
    

Document Info

Docket Number: 10-18-00098-CR

Filed Date: 3/28/2018

Precedential Status: Precedential

Modified Date: 3/30/2018