In re Hank, Anne, and Sam Scott--Appeal from 220th District Court of Hamilton County (majority)
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IN THE TENTH COURT OF APPEALS No. 10-13-00035-CV IN RE HANK SCOTT, ANNE SCOTT, AND SAM SCOTT Original Proceeding MEMORANDUM OPINION Relators petition for writ of mandamus against Respondent Phil Robertson, Judge of the 220th District Court, is denied. Relators petition for writ of mandamus against Respondent Leoma Larance, the District Clerk of Hamilton County, is dismissed for want of jurisdiction. A court of appeals has no jurisdiction to issue a writ of mandamus against a district clerk except to protect its jurisdiction. See TEX. GOV T CODE ANN. § 22.221(b) (Vernon 2004); In re Bernard, 993 S.W.2d 453, 454 (Tex. App. Houston [1st Dist.] 1999, orig. proceeding). We do not have jurisdiction to decide Relators petition for writ of mandamus against the District Clerk. Relators petition for writ of mandamus against Respondent Kay Solomon, the Administrator of the 220th District Court, is dismissed for want of jurisdiction. We do not have jurisdiction to issue a writ of mandamus against a district court administrator. See TEX. GOV T CODE ANN. § 22.221(b). REX D. DAVIS Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins Petition denied and dismissed Opinion delivered and filed February 21, 2013 [OT06] In re Scott Page 2
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