Court of Civil Appeals of Texas, 2019

in Re Estate of Gail and Dennis Newton

in Re Estate of Gail and Dennis Newton
Court of Civil Appeals of Texas · Decided August 2, 2019

in Re Estate of Gail and Dennis Newton

Opinion

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

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