Legal Opinion

in Re Patrick Lee Mullins

Texas Court of Appeals, 10th District (Waco)

Decided September 16, 2009No. 10-09-00143-CVPublished

1Opinion of the Court

IN THE

TENTH COURT OF APPEALS

No. 10-09-00143-CV

In re Patrick Lee Mullins

Original Proceeding

MEMORANDUM Opinion

Patrick Lee Mullins seeks a writ of mandamus compelling Respondent, the Honorable James D. Patton, County Clerk of Walker County, to forward two notices of appeal to this Court. We will deny Mullins’s application for mandamus relief.

A trial court clerk has a ministerial duty to promptly forward any notice of appeal to the appropriate court of appeals, regardless of whether the notice is timely filed or otherwise complies with the requirements of the appellate rules. In re Smith, 263…

2Cases cited14 opinions

  1. Walker v. PackerTexas Supreme Court · 1992
  2. In Re Blakeney, Texas Court of Appeals, 6th District (Texarkana)2008
  3. Rivercenter Associates v. RiveraTexas Supreme Court · 1993
  4. In Re International Profit Associates, Inc.Texas Supreme Court · 2009
  5. Callahan v. GilesTexas Supreme Court · 1941

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