Legal Opinion
in Re Carl Long
Texas Court of Appeals, 10th District (Waco)
Decided September 27, 2006No. 10-06-00235-CVPublished
1Opinion of the Court
IN THE
TENTH COURT OF APPEALS
No. 10-06-00235-CV
In re Carl Long
and
No. 10-06-00239-CV
in re carl long
Original Proceedings
DISSENTING Opinion
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.…