Dismissed w.o.j. and Opinion Filed October 25, 2016
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-16-01247-CV
IN RE CLAUDE T. MARSHALL, Relator
Original Proceeding from the 195th Judicial District Court
Dallas County, Texas
Trial Court Cause No. F01-74865-KN
MEMORANDUM OPINION
Before Justices Francis, Fillmore, and Stoddart
Opinion by Justice Stoddart
Before the Court is relator’s October 21, 2016 petition for writ of mandamus in which
relator complains that the district clerk has not responded to various letters he has filed inquiring
about his motion for new trial. He asks the Court to order the district clerk to respond to relator’s
letters, place the motion for new trial on the district court’s docket “and rule on it,” and send
relator certification that his motion has been filed.
We do not have mandamus jurisdiction over a district clerk unless the clerk is interfering
with our appellate jurisdiction. TEX. GOV’T CODE ANN. § 22.221(a)-(b) (West 2004) (court of
appeals may only issue writ of mandamus against district and county judges or as necessary to
enforce jurisdiction of appellate court); In re Wilkerson, 05-16-00322-CV, 2016 WL 1320815, at
*1 (Tex. App.—Dallas Apr. 5, 2016, orig. proceeding) (citing In re Simpson, 997 S.W.2d 939,
939 (Tex. App.—Waco 1999, orig. proceeding)). Our jurisdiction is not in jeopardy here.
Accordingly, we DISMISS relator’s petition for writ of mandamus for want of jurisdiction.
/s/Craig Stoddart/
CRAIG STODDART
JUSTICE
161247F.P05
–2–