Fourth Court of Appeals
San Antonio, Texas
June 17, 2019
No. 04-19-00396-CV
IN RE John M. DONOHUE
Original Mandamus Proceeding 1
ORDER
Sitting: Sandee Bryan Marion, Chief Justice
Rebeca C. Martinez, Justice
Irene Rios, Justice
On June 13, 2019, relator filed a “Request for Time Extension to File Petition for Writ of
Mandamus and Request for Clerk and Reporter’s Record.” Relator asks this court to order the
Bandera County Clerk and the court reporter to file their records with this court and on relator at
no cost to relator.
By statute, an appellate court has the power to issue a writ of mandamus against a district
or county court judge. See TEX. GOV’T CODE § 22.221(b). An appellate court may also issue a
writ of mandamus to enforce its jurisdiction. See id. § 22.221(a). This court does not have
jurisdiction to issue a writ of mandamus against a district clerk or a court reporter unless such writ is
necessary to enforce our jurisdiction. See In re Coronado, 980 S.W.2d 691, 692 (Tex. App.—San
Antonio 1998, orig. proceeding) (per curiam). Relator has not asserted that the order he is requesting
is necessary to enforce our jurisdiction, nor has he provided a record that would support such an
argument. See Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) (holding relator has burden of
1
This proceeding arises out of Cause No. CV-XX-XXXXXXX, styled John M. Donohue Ex Parte, pending in the 198th
Judicial District Court, Bandera County, Texas, the Honorable M. Rex Emerson presiding.
providing a sufficient record to establish right to mandamus relief). Accordingly, we have no
jurisdiction to order the clerk or reporter to file their records and we DENY his request.
We GRANT relator’s request for an extension of time in which to file a petition for writ
of mandamus. Relator is ORDERED to file a petition for writ of mandamus that complies with
Texas Rules of Appellate Procedure 52.3 and 52.7 no later than July 8, 2019. If relator does
not file a petition for writ of mandamus by July 8, 2019, this proceeding will be dismissed for
want of prosecution. See TEX. R. APP. P. 42.3(b).
It is so ORDERED on June 17, 2019.
PER CURIAM
ATTESTED TO: _______________________
Keith E. Hottle
Clerk of Court