Head v. Twelfth Court of Appeals

Fred Head, appellant before the Honorable Twelfth Court of Appeals in Tyler, requested leave to file an out-of-time appellate brief. The motion was unopposed. The court of appeals overruled Head’s motion, and Head seeks relief from that order through this mandamus proceeding.

Head received a notice from the court of appeals ordering him to file his appellate brief on or before January 22, 1991 at 5:00 p.m. Head obtained permission to file the brief by 7:00 p.m. by taking it to the home of a deputy clerk. While traveling to Tyler from his office in Athens, Head’s car broke down. He called the…