In Re Carl Douglas Hayes, Relator--Appeal from of County
Annotate this Case
Download PDF
NO. 07-05-0262-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL B JULY 25, 2005 ______________________________ In re: CARL DOUGLAS HAYES, Relator _________________________________ Original Proceeding _______________________________ Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ. Carl Douglas Hayes applied for a writ of mandamus directing Charles Bacarisse, district clerk, to file an original petition he sent to Bacarisse. We dismiss the application. We, as an appellate court, have jurisdiction to issue a writ of mandamus against an entity other than a trial court only when necessary to enforce our jurisdiction over a pending appeal. In re Soto, No. 07-04-0413-CV, 2004 Tex. App. LEXIS 1751 (Tex. App. Amarillo August 9, 2004, orig. proceeding); In re Washington, 7 S.W.3d 181, 182 (Tex. App. Houston [1st Dist.] 1999, orig. proceeding). Given that Hayes seeks relief against a district clerk for omitting to file an original petition and that the matter does not affect a pending appeal, we lack jurisdiction to address the matter. Accordingly, the application for writ of mandamus is dismissed for want of jurisdiction. Brian Quinn Chief Justice
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.
