Court of Civil Appeals of Texas, 2021

in Re: Kenneth Lee Council

in Re: Kenneth Lee Council
Court of Civil Appeals of Texas · Decided August 2, 2021

in Re: Kenneth Lee Council

Opinion

DENIED and Opinion Filed August 2, 2021

In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00320-CV IN RE KENNETH LEE COUNCIL, Relator Original Proceeding MEMORANDUM OPINION Before Justices Partida-Kipness, Myers, and Goldstein Opinion by Justice Partida-Kipness Relator’s May 5, 2021 petition for writ of mandamus challenges the failure of the Texas Attorney General, Ken Paxton, to release public information to relator regarding relator’s child support arrears.

Relator’s petition fails to comply with numerous requirements set forth in Rule 52 of the Texas Rules of Appellate Procedure. Further, this Court does not have the authority to issue a writ of mandamus against officers of this state’s executive branch. TEX. GOV’T CODE § 22.002(c) (providing authority to the Texas Supreme Court to issue writs against Texas executive branch officers); 22.221 (outlining the limited writ power of the Texas courts of appeals). Accordingly, we deny relator’s petition for writ of mandamus.

/Robbie Partida-Kipness/ ROBBIE PARTIDA-KIPNESS JUSTICE

210320F.P05

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