Court of Civil Appeals of Texas, 2022

in Re Jeffery Marx

in Re Jeffery Marx
Court of Civil Appeals of Texas · Decided August 3, 2022

in Re Jeffery Marx

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-22-00449-CV

In re Jeffery Marx

ORIGINAL PROCEEDING FROM BURNET COUNTY

MEMORANDUM OPINION

Relator Jeffery Marx has filed a document, which we treat as a petition for writ of mandamus based on the substance of his filing, complaining that the Burnet County district clerk has failed to file certain documents. See Tex. R. App. P. 52.8(a); see also Surgitek, Bristol-Myers Corp. v. Abel, 997 S.W.2d 598, 601 (Tex. 1999). As an intermediate appellate court, this Court has no jurisdiction to issue a writ of mandamus against a district clerk unless necessary to enforce our jurisdiction, see Tex. Gov’t Code § 22.221(a); In re Washington, 7 S.W.3d 181, 182 (Tex. App.—Houston [1st Dist.] 1999, orig. proceeding), and our jurisdiction is not implicated here. Accordingly, the petition for writ of mandamus is dismissed for want of jurisdiction. __________________________________________ Edward Smith, Justice Before Chief Justice Byrne, Justices Kelly and Smith Filed: August 3, 2022

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