In re Charles Walter Hill--Appeal from 371st District Court of Tarrant County

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  COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-07-396-CV

IN RE CHARLES WALTER HILL RELATOR

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ORIGINAL PROCEEDING

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MEMORANDUM OPINION[1]

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The court has considered relator=s petition for writ of mandamus and is of the opinion that relief should be denied. An appellate court has no authority to mandamus a district clerk unless the clerk is interfering with the court=s jurisdiction. See Tex. Gov=t Code Ann. '22.221(a)-(b) (Vernon 2004) (providing that court of appeals may issue writ of mandamus only against district and county judges, or as necessary to enforce jurisdiction of appellate court); In re Washington, 7 S.W.3d 181, 182 (Tex. App.CHouston [1st Dist.] 1999, orig. proceeding); In re Coronado, 980 S.W.2d 691, 692 (Tex. App.CSan Antonio 1998, orig. proceeding).

 

Relator=s petition does not involve a complaint that the district clerk is interfering with this court=s jurisdiction. Accordingly, relator=s petition for writ of mandamus is denied.

PER CURIAM

PANEL B: MCCOY, LIVINGSTON, and WALKER, JJ.

DELIVERED: November 29, 2007

 

[1]See Tex. R. App. P. 47.4.

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