Legal Opinion

In Re Long

Texas Court of Appeals, 10th District (Waco)

Decided September 27, 2006No. 10-06-00235-CVPublishedCited by 9 opinions

1Opinion of the Court

DISSENTING OPINION

TOM GRAY, Chief Justice.

A dismissal for want of jurisdiction is the proper result based upon the petition and “record” as filed.

The complaints are that the district clerk will not file Long’s pleadings. 1 Long alleges this is because of an oral instruction from the district judge. 2

We have no jurisdiction to compel the district clerk to act by writ of mandamus absent extraordinary and unusual facts not present here. In re Simpson, 997 S.W.2d 939 (Tex.App.-Waco 1999, orig. proceeding); see Tex. Gov’t Code Ann. § 22.221(a) (Vernon 2004). The way to compel a district clerk to…

2Cases cited4 opinions

  1. In Re Bernard, Texas Court of Appeals, 1st District (Houston)1999
  2. Long v. State, Texas Court of Appeals, 10th District (Waco)2004
  3. In Re Simpson, Texas Court of Appeals, 10th District (Waco)1999
  4. Long v. Tanner, Texas Court of Appeals, 10th District (Waco)2005

3Cited by9 opinions

  1. In Re Long, Texas Court of Appeals, 10th District (Waco)2007
  2. In Re Long, Texas Court of Appeals, 10th District (Waco)2006
  3. In Re Long, Texas Court of Appeals, 10th District (Waco)2006
  4. John Henry Pelt, Individually and as Partner of Aztec General Agency, a Texas General Partnership, Relators v. Honorable Derwood Johnson, Judge, 74th District Court, McLennan County, Texas, Texas Court of Appeals, 10th District (Waco)1991
  5. Paul James Koumjian v. Texas Department of Criminal Justice, Correctional Institution Division and University of Texas Medical Branch, Correctional Managed Care, Texas Court of Appeals, 10th District (Waco)2008

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