Legal Opinion

in Re Trent Alvon Smith

Texas Court of Appeals, 10th District (Waco)

Decided April 7, 2010No. 10-10-00107-CVPublished

1Opinion of the Court

IN THE

TENTH COURT OF APPEALS

No. 10-10-00107-CV

In re Trent Alvon Smith

Original Proceeding

MEMORANDUM Opinion

Trent Alvon Smith seeks a writ of mandamus compelling Respondent, the Honorable Robyn Flowers, District Clerk of Walker County, to file his “Petition for Texas Torts Claim.”[1] We will deny Smith’s request for mandamus relief.

When a district clerk refuses to accept a pleading for filing, the party should attempt to file the pleading directly with the district judge, explaining in a verified motion that the clerk refused to accept the pleading for filing. Should the district judge refuse…

2Cases cited19 opinions

  1. Rousseau v. StateCourt of Criminal Appeals of Texas · 1993
  2. Royster v. StateCourt of Criminal Appeals of Texas · 1981
  3. Bignall v. StateCourt of Criminal Appeals of Texas · 1994
  4. Harris v. StateCourt of Criminal Appeals of Texas · 1992
  5. Borjan v. StateCourt of Criminal Appeals of Texas · 1990

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