Court of Civil Appeals of Texas, 2021

in Re Alfred Lee Stone

in Re Alfred Lee Stone
Court of Civil Appeals of Texas · Decided January 20, 2021

in Re Alfred Lee Stone

Opinion

IN THE TENTH COURT OF APPEALS

Nos. 10-20-00303-CV; 10-20-00304-CV; 10-20-00305-CV; 10-20-00306-CV; 10-20-00307-CV; 10-20-00308-CV IN RE ALFRED LEE STONE

Original Proceeding From the 12th District Court Walker County, Texas Trial Court Nos. 12-0084; 14-0076; 18-2902; 19-29K; 20-466; 20-625C

MEMORANDUM OPINION

In one motion, Relator, Alfred Lee Stone, a prison inmate, moved to rescind the Respondent’s order of withdrawal in these six trial court cases: 12-0084, 14-0076, 18-2902, 19-29K, 20-466, and 20-625C. According to Relator, Respondent, the trial court, refused to rule, and the motion was returned to Relator by the District Clerk’s Office. In a petition for writ of mandamus filed on November 24, 2020, Relator requested a mandamus from this Court ordering Respondent to rule on Relator’s motion in all six cases.

After requesting a response, we received an order from Respondent indicating that only one of the withdrawal orders mentioned in Relator’s petition originated in Respondent’s court; that being case number 20-466. Respondent denied Relator’s Motion to Rescind to the extent it had jurisdiction.

Accordingly, Relator’s Petition for Writ of Mandamus pertaining to case number 20-466, that being docket number 10-20-00307-CV, is dismissed as moot.

Because the remaining petitions for writ of mandamus were directed toward Respondent’s failure to rule on motions not pending in Respondent’s court and thus not within Respondent’s jurisdiction, those petitions, numbered 10-20-00303-CV, 10-20- 00304-CV, 10-20-00305-CV, 10-20-00306-CV, and 10-20-00308-CV, are denied.

TOM GRAY Chief Justice Before Chief Justice Gray, Justice Neill, and Justice Johnson Petition dismissed Petitions denied Opinion delivered and filed January 20, 2021 [OT06]

In re Stone Page 2

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