In Re Oliveira Florinda Marlon v. the State of Texas
In Re Oliveira Florinda Marlon v. the State of Texas
Opinion
Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed March 14, 2024.
In The Fourteenth Court of Appeals NO. 14-23-00809-CV
IN RE OLIVEIRA FLORINDA MARLON, Relator
ORIGINAL PROCEEDING WRIT OF MANDAMUS County Court at Law No. 1 Waller County, Texas Trial Court Cause No. 19-01-25338 MEMORANDUM OPINION On October 25, 2023, relator Oliveira Florinda Marlon filed a “writ of mandamus.” See Tex. Gov’t Code Ann. § 22.221; see also Tex. R. App. P. 52. In the petition, relator asks the court to reopen In re Marriage of Nanette Yvette Marlon and Oliveira Florinda Marlon (14-19-00610-CV). We dismissed that appeal, as the filing fee was not paid. Tex. R. App. P. 5, 42.3(c). This court has the authority to issue writs of mandamus against a judge of a district, statutory county, statutory probate county, or county court in the court of appeals district and all writs necessary to enforce our jurisdiction. Tex. Gov’t Code Ann. § 22.221(a), (b).
This purported petition for a writ of mandamus is not directed at any of the judges listed above, and we have no subject-matter jurisdiction to proceed. Even were we to treat this a motion in the former appeal, our plenary power over our December 17, 2019 judgment in case number 14-19-00610-CV expired 60 days after judgment as there was no timely filed motion for rehearing or en banc reconsideration, or timely filed motion to extend time to file such a motion. Tex. R. App. P. 19.1.
We dismiss this proceeding for want of subject-matter jurisdiction.
PER CURIAM Panel consists of Justices Zimmerer, Spain, and Hassan.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.