medtronic-sofamor-danek-inc-v-mohammad-tamoozi-individually-and-as-next ( 2003 )

In The Court of Appeals Sixth Appellate District of Texas at Texarkana

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No. 06-03-00011-CV ______________________________



MEDTRONIC SOFAMOR DANEK, INC., ET AL., Appellants

V.

MOHAMMAD TAMOOZI, INDIVIDUALLY AND AS

NEXT FRIEND OF APRIL NOORI TAMOOZI, AUDRI ANN TAMOOZI,

AND ASHLI MARIE TAMOOZI, MINOR CHILDREN, Appellees

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On Appeal from the 165th Judicial District Court Harris County, Texas Trial Court No. 1999-46214

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Before Morriss, C.J., Ross and Carter, JJ. Memorandum Opinion by Justice Carter

MEMORANDUM OPINION

Medtronic Sofamor Danek, Inc., and Sofamor Danek, L.P., appellants, and Mohammad Tamoozi, Individually and as Next Friend of April Noori Tamoozi, Audri Ann Tamoozi, and Ashli Marie Tamoozi, Minor Children, appellees, have filed a joint motion in which, pursuant to a settlement, they ask this Court to vacate the judgment from which they have appealed without regard to its merits and to render a judgment dismissing the action with prejudice, and with each party to bear its own costs. Pursuant to Tex. R. App. P. 42.1, the motion is granted.

Pursuant to their agreement, we order the judgment of the trial court vacated and dismiss the appeal.

Jack Carter

Justice

Date Submitted: March 31, 2003

Date Decided: April 1, 2003

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                                                         In The

                                                Court of Appeals

                        Sixth Appellate District of Texas at Texarkana

                                                ______________________________

                                                             No. 06-10-00021-CR

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                                           IN RE:  GREGORY DEMOND PLATER

                                                     Original Mandamus Proceeding

                                          Before Morriss, C.J., Carter and Moseley, JJ.

                                            Memorandum Opinion by Justice Moseley

                                                     MEMORANDUM OPINION

            Gregory Demond Plater has filed a document which we deem to be a petition for writ of mandamus.  Plater was convicted of aggravated robbery, and his conviction was affirmed by an opinion from this Court.  Our mandate issued August 18, 2008.  His filing is entitled as a “Motion To Have Appellate Record Made Available to Appellant.” However, in the motion, he states that he has not been able to contact his court-appointed appellate attorney, and had written to the clerk of the 241st Judicial District Court attempting to obtain a copy of his record, and only then was notified that his appeal had been decided.  It appears from the context of his filing that he is asking this Court to order the clerk of the 241st Judicial District Court to make a copy of his record available for his review.

            Plater has attached no documentation to show the nature of any requests made, or any rulings based on those requests.  See Tex. R. App. P. 52.3(k).  We also note that although his appeal had been transferred to this Court for docket equalization from the Twelfth Court of Appeals, this request is unrelated to our determination of the appeal.^[1]  Our authority does not extend to issuance of mandamus against a clerk of a court, except insofar as it would be necessary to enforce our own jurisdiction.  Tex. Gov’t Code Ann. § 22.221(a).  Further, the court is identified as one in Smith County, a county not in our appellate district.  See Tex. Gov’t Code Ann. § 22.201(g) (Vernon Supp. 2009).  We have limited mandamus jurisdiction, and may issue a writ of mandamus only against a judge of a district or county court in our district. Tex. Gov’t Code Ann. § 22.221(b) (Vernon 2004). 

            For all of these reasons, we cannot grant the relief requested.

            We deny the petition for writ of mandamus.

                                                                        Bailey C. Moseley

                                                                        Justice

Date Submitted:          February 17, 2010

Date Decided:             February 18, 2010

Do Not Publish

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^[1]We have the authority to enforce further proceedings in connection with our determination of the appeal as a writ necessary to enforce the jurisdiction of this Court.  Tex. Gov’t Code Ann. § 22.221(a) (Vernon 2004).