Narrative Opinion Summary
Maurice Ellison filed a mandamus petition seeking an order for the Johnson County District Clerk to respond to his motion for a new trial by providing a copy of the motion, any responses, or a certificate indicating when a finding was made. The court identified procedural issues with Ellison's request, noting that it was not properly served on the District Clerk or the State, as required by Texas Rules of Appellate Procedure. Despite these deficiencies, the court invoked Rule 2 to proceed with the matter. The court clarified that as a Court of Appeals, it lacks jurisdiction to compel a district clerk to act unless it is to enforce its own jurisdiction, which Ellison did not demonstrate. Consequently, the court dismissed Ellison's Original Application for Writ of Mandamus due to a lack of jurisdiction. The opinion was delivered and filed on January 2, 2019.
Legal Issues Addressed
Invocation of Appellate Rule 2subscribe to see similar legal issues
Application: The court invoked Rule 2 to proceed with the petition despite procedural deficiencies, an action taken at its discretion.
Reasoning: Despite these deficiencies, the court invoked Rule 2 to proceed with the matter.
Jurisdiction of Court of Appeals in Mandamus Actionssubscribe to see similar legal issues
Application: The court addressed its jurisdictional limitations, stating it cannot compel actions by a district clerk unless to enforce its own jurisdiction, which was not established in this case.
Reasoning: The court clarified that as a Court of Appeals, it lacks jurisdiction to compel a district clerk to act unless it is to enforce its own jurisdiction, which Ellison did not demonstrate.
Mandamus Relief Requirementssubscribe to see similar legal issues
Application: The court examined the requirements for mandamus relief, particularly the necessity for proper service of the petition on the relevant parties.
Reasoning: The court identified procedural issues with Ellison's request, noting that it was not properly served on the District Clerk or the State, as required by Texas Rules of Appellate Procedure.