Legal Opinion

in Re Michael Speed

Texas Court of Appeals, 10th District (Waco)

Decided March 14, 2007No. 10-07-00027-CVPublished

1Opinion of the Court

IN THE

TENTH COURT OF APPEALS

No. 10-07-00027-CV

In re Michael Speed

Original Proceeding

DISSENTING Opinion

In this proceeding we have received a document from an inmate acting as his own attorney labeled “notice of appeal.” A majority of the Court has unilaterally decided that it is not a notice of appeal but is instead a petition for a writ of mandamus. Because the majority has characterized it as a mandamus against a district clerk, they have voted to dismiss it because we have no jurisdiction to issue a writ against a district clerk, except to protect our jurisdiction. But we have not given the…

2Cases cited16 opinions

  1. Higgins v. Randall County Sheriff's OfficeTexas Supreme Court · 2006
  2. Landon v. Jean-Paul Budinger, Inc.Court of Appeals of Texas · 1987
  3. First National Bank of Beeville v. FojtikTexas Supreme Court · 1989
  4. State v. $217,590.00 in United States CurrencyTexas Supreme Court · 2000
  5. Lester v. 1st American Bk Bryan Tx, Texas Court of Appeals, 10th District (Waco)1993

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