In re Raymond E. Carr

Summary

The Texas Court of Appeals for the Third District denied Raymond E. Carr’s petition for writ of mandamus seeking to compel the Harris County district clerk to file and docket his lawsuit. The court held that it lacked mandamus jurisdiction because Harris County is outside the court’s district and Carr had not shown that the writ was necessary to enforce the court’s jurisdiction.

Holdings

1. The Third Court of Appeals lacked jurisdiction to issue a writ of mandamus against a trial-court official in an original proceeding from Harris County because Harris County is outside the court's district.
2. Carr did not establish that exercising the court's writ power was necessary to enforce the court's jurisdiction.

Questions Presented

1. Whether the Third Court of Appeals had statutory mandamus jurisdiction over an original proceeding arising from Harris County.
2. Whether Carr demonstrated that issuing a writ was necessary to enforce the Third Court of Appeals' jurisdiction.

Disposition

writ_denied