In Re: Arthur Johnson--Appeal from Probate Court No 2 of Harris County

Petition for Writ of Mandamus Denied and Memorandum Opinion filed September 15, 2005.

In The

Fourteenth Court of Appeals

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NO. 14-05-00919-CV

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IN RE ARTHUR JOHNSON, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M O P I N I O N

On September 2, 2005, relator filed a petition for writ of mandamus in this court. See Tex. Gov=t. Code Ann. ' 22.221 (Vernon 2004); see also Tex. R. App. P. 52. Relator seeks a writ of mandamus against the county clerk for her alleged failure to file relator=s motion in opposition to a proposed order for declaratory judgment.

Relator has not established that he is entitled to mandamus relief. We have no jurisdiction to issue a writ of mandamus against a clerk unless it is necessary to enforce our jurisdiction. In re Washington, 7 S.W.3d 181, 182 (Tex. App.CHouston [1st Dist.] 1999, orig. proceeding). In this instance, we do not have jurisdiction over relator=s complaint. Further, relator=s petition fails to meet the requisites of Rule 52 of the Texas Rules of Appellate Procedure. Accordingly, we deny relator=s petition for writ of mandamus.

PER CURIAM

Petition Denied and Memorandum Opinion filed September 15, 2005.

Panel consists of Justices Fowler, Edelman, and Guzman.