IN THE
TENTH COURT OF APPEALS
No. 10-10-00107-CV
IN RE TRENT ALVON SMITH
Original Proceeding
MEMORANDUM OPINION
Trent Alvon Smith seeks a writ of mandamus compelling Respondent, the
Honorable Robyn Flowers, District Clerk of Walker County, to file his “Petition for
Texas Torts Claim.”1 We will deny Smith’s request for mandamus relief.
When a district clerk refuses to accept a pleading for filing, the
party should attempt to file the pleading directly with the district judge,
explaining in a verified motion that the clerk refused to accept the
pleading for filing. Should the district judge refuse to accept the pleading
for filing, this Court would have jurisdiction under our mandamus power
to direct the district judge to file the pleading.
1
We apply Rule of Appellate Procedure 2 to disregard numerous deficiencies in Smith’s
mandamus pleadings, including his failure to serve copies on Respondent Flowers. See TEX. R. APP. P. 2,
9.5.
In re Simmonds, 271 S.W.3d 874, 879 (Tex. App.—Waco 2008, orig. proceeding) (citation
and footnote omitted) (quoting In re Bernard, 993 S.W.2d 453, 455 (Tex. App.—Houston
[1st Dist.] 1999, orig. proceeding) (O’Connor, J., concurring)).
Here, there is no indication that Smith followed this procedure. Accordingly, we
deny his mandamus petition.2
FELIPE REYNA
Justice
Before Chief Justice Gray,
Justice Reyna, and
Justice Davis
Petition denied
Opinion delivered and filed April 7, 2010
[OT06]
2
Smith also filed a motion for leave to file his mandamus petition. That motion is dismissed as
moot. See TEX. R. APP. P. 52 cmt. (“The requirement of a motion for leave in original proceedings is
repealed.”); In re McGee, 213 S.W.3d 405, 406 n.2 (Tex. App.—Houston [1st Dist.] 2006, orig. proceeding)
(per curiam).
In re Smith Page 2