In re Christopher M. Perricone

Summary

The Eleventh Court of Appeals dismissed Christopher M. Perricone’s original mandamus petition for want of jurisdiction. The court held that it lacked authority to compel the Palo Pinto County District Clerk to assign a new cause number to Relator’s recusal claim and dismissed all pending motions as moot.

Holdings

1. The Eleventh Court of Appeals lacked jurisdiction to issue the requested writ against the Palo Pinto County District Clerk because the relator did not demonstrate that the court's jurisdiction was implicated in another proceeding or that the clerk was a proper party against whom the appellate court could issue a writ under the circumstances.
2. The relator did not establish entitlement to mandamus relief because he failed to satisfy the jurisdictional requirements for the requested writ and did not provide a basis for the court of appeals to grant relief against the district clerk.

Questions Presented

1. Whether the Eleventh Court of Appeals had original mandamus jurisdiction to compel the Palo Pinto County District Clerk to assign the relator's recusal claim a new cause number.
2. Whether the relator established entitlement to mandamus relief.

Disposition

dismissed