in Re Estate of Gail and Dennis Newton ( 2019 )


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  • Dismissed w.o.j. and Opinion Filed August 2, 2019
    In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-19-00838-CV
    IN RE GAIL NEWTON AND DENNIS NEWTON, Relators
    Original Proceeding from the County Court at Law No. 4
    Collin County, Texas
    Trial Court Cause No. 004-01623-2019
    MEMORANDUM OPINION
    Before Justices Bridges, Osborne, and Carlyle
    Opinion by Justice Carlyle
    In this original proceeding, relators seek a writ of mandamus ordering Collin County Clerk
    Stacy Kemp to “rescind all wet ink signatures and immediately non-suit any and all judicial
    claims.” We do not have jurisdiction to issue a writ of mandamus against a county clerk except to
    protect our jurisdiction. See TEX. GOV’T CODE § 22.221; In re High Pointe Invs., LLC, 
    552 S.W.3d 384
    , 389 (Tex. App.—Waco 2018, orig. proceeding). Relator has not shown that the issuance of a
    writ compelling the requested relief is necessary to enforce this Court’s appellate jurisdiction.
    Therefore, we do not have jurisdiction to issue a writ of mandamus against the Collin County
    Clerk. We dismiss this proceeding for want of jurisdiction.
    /Cory L. Carlyle/
    CORY L. CARLYLE
    JUSTICE
    190838F.P05
    

Document Info

Docket Number: 05-19-00838-CV

Filed Date: 8/2/2019

Precedential Status: Precedential

Modified Date: 8/5/2019