IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL A
AUGUST 17, 2005
______________________________
IN RE ROBERT PALMORE, RELATOR _______________________________
Before REAVIS and CAMPBELL and HANCOCK, JJ.
MEMORANDUM OPINIONBy this original proceeding, relator Robert Palmore, acting pro se, (1) seeks a writ of mandamus to compel the judge of the 242nd District Court of Hale County, whom he did not name in the petition, to rule on and reform certain allegedly illegal sentences and judgments previously imposed in cause numbers 8901B10-118CR, 8901B10-120CR, 8904B10-209CR and 8906B10-260CR. We dismiss the petition.
The required filing fee of $75.00 did not accompany relator's petition. Unless a party is excused from paying a filing fee, the Clerk of this Court is required to collect filing fees set by statute or the Supreme Court when a petition in an original proceeding is presented for filing. Tex. R. App. P. 5 and 12.1(b).
Additionally, Rule 52.3 of the Texas Rules of Appellate Procedure prescribes the mandatory contents for a petition for mandamus. Specifically, relator has failed to comply with subparagraphs (a), (b), (c) and (j) of Rule 52.3.
Thus, because relator has not paid the required filing fee and has not complied with the requirements of Rule 52 of the Texas Rules of Appellate Procedure, we must dismiss this proceeding.
Mackey K. Hancock
Justice
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ected registration of Texas child custody orders as orders of the Oklahoma court, recognized the Lusters as custodians of the child and authorized all law enforcement personnel to aid the Lusters in securing possession of the child.
On August 14, 2003, after the Oklahoma court registered the Texas custody orders, relator Carol Osmond traveled to Gray County, Texas, to attend a hearing in an SAPCR involving two other grandchildren of the Osmonds, and in which the Osmonds had intervened seeking managing conservatorship. (2) While in Texas, Carol was arrested pursuant to a writ of commitment based on an order of the Texas court holding her in contempt for failing to produce the child as ordered. The Texas court held a hearing at which Carol and her counsel appeared. The court set bond for Carol and continued the case to allow her to produce the child. Carol made bond. When she subsequently appeared before the Texas court without the child, another order was entered finding her in contempt. Specifically referencing the court's powers set out in article 11 of the Code of Criminal Procedure, the order directed her commitment to the Carson County Jail until such time as the child was produced.
Carol filed a Petition for Writ of Habeas Corpus with this court. We granted temporary relief directing that she be released from confinement upon posting bond.
Upon full consideration of relator's briefs, the issues presented, the law and the record presented, we deny relief. We vacate our previous order granting temporary relief and directing that relator be released from the Carson County jail upon posting bond.
Relator Carol Osmond is remanded to the custody of the Sheriff of Carson County, to be held by him in accordance with the order of the Judge of the 100th District Court of Carson County which was signed on October 7, 2003, subject to further orders of the 100th District Court. See Tex. R. App. P. 52.8.
Per Curiam
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