In Re: John Robert Whirty Appeal from Dummy Number of Dallas County (memorandum opinion)

Annotate this Case

Download PDF

DISMISS; and Opinion Filed February 6, 2018. In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00071-CV IN RE JOHN ROBERT WHIRTY, Relator Original Proceeding from Dallas County, Texas MEMORANDUM OPINION Before Justices Francis, Evans, and Schenck Opinion by Justice Francis In this original proceeding, relator seeks a writ of mandamus directing Felicia Pitre, Dallas County District Clerk, to file two motions he says he sent to Dallas County Criminal District Court Number 2 and the 101st Judicial District Court. This Court does not have jurisdiction to issue a writ of mandamus against a district clerk unless it is necessary to enforce our own jurisdiction. TEX. GOV’T CODE § 22.221(a); In re Wilkerson, No. 05-16-00322-CV, 2016 WL 1320815, at *1 (Tex. App.—Dallas Apr. 5, 2016, orig. proceeding) (mem. op.)). Relator has no appeal pending in this Court and, therefore, our jurisdiction is not in jeopardy. Accordingly, we dismiss relator’s petition for writ of mandamus for want of jurisdiction. /Molly Francis/ MOLLY FRANCIS JUSTICE 180071F.P05

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.