In re Shaun DeMello

Summary

The Texas Court of Appeals, Third District, dismissed for want of jurisdiction a pro se petition for writ of mandamus challenging the Williamson County Clerk’s rejection of a motion to contest rent and related pleadings. The court held that it lacked jurisdiction to issue mandamus relief against the county clerk and denied relief to the extent the petition could be construed as directed against the trial court; it also denied a request for appointed counsel.

Holdings

1. The court lacked jurisdiction to issue a writ of mandamus against the Williamson County Clerk because its mandamus jurisdiction is limited to writs against district or county court judges in the district and writs necessary to enforce the court's jurisdiction, and enforcement of the court's jurisdiction was not implicated.
2. To the extent the petition could be construed as seeking mandamus relief against the trial court, the petition was denied.

Questions Presented

1. Whether the Texas Court of Appeals had jurisdiction to issue a writ of mandamus against the Williamson County Clerk.
2. Whether the petition should be denied to the extent it could be construed as seeking mandamus relief against the trial court.
3. Whether the court should appoint counsel to represent DeMello.

Disposition

dismissed