Legal Opinion

In Re Swarthout

Texas Court of Appeals, 1st District (Houston)

Decided May 7, 1998No. 01-97-00944-CVPublishedCited by 5 opinions

1Opinion of the Court

OPINION

2Per curiam

Relator filed in this Court “Defendant’s Pro Se Petition to the First Court of Appeals to be Allowed to Appeal Cause No. 751098.” Relator petitions this Court to order the Honorable George Godwin, Judge of the 174th District Court, Harris County, Texas, to allow him to pursue an appeal in that cause number. We treat this as a petition for writ of mandamus.

Because relator’s petition does not comply with rule 52.3 of the Rules of Appellate Procedure, he is not entitled to mandamus relief.

However, as the dissenting opinion explains, the trial court clerk had a ministerial duty to forward…

3Cases cited1 opinion

  1. Avis Rent a Car System, Inc. v. Advertising & Policy Committee of Avis Rent a Car System, Texas Court of Appeals, 1st District (Houston)1988

4Cited by5 opinions

  1. In Re D. Wilson Const. Co.Texas Supreme Court · 2006
  2. Perez v. State, Texas Court of Appeals, 1st District (Houston)1999
  3. American Standard & the Trane Co. v. Brownsville Independent School DistrictTexas Supreme Court · 2006
  4. Gary Hodge and Robert Hart III v. Stephen Kraft Ind. and as Member on Behalf of Grupo Habanero LLC, Texas Court of Appeals, 4th District (San Antonio)2015
  5. In Re Swarthout, Texas Court of Appeals, 1st District (Houston)1998

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