In re Johnny Lewis Jr.

Summary

The Ninth Court of Appeals of Texas dismissed Johnny Lewis Jr.'s petition for a writ of mandamus. The court concluded that Lewis failed to cure identified defects and failed to serve the parties as required by the Texas Rules of Appellate Procedure, without reaching the merits of his claims.

Holdings

1. The Court of Appeals lacks jurisdiction to issue a writ of mandamus requiring action by a trial court clerk.
2. A mandamus petitioner must serve the petition and other appellate communications on the parties against whom relief is sought and must provide the required certificate of service; Lewis's failure to do so supported dismissal.
3. The mandamus petition must be dismissed because Lewis failed to cure the identified defects and failed to comply with applicable service requirements; the court dismissed without addressing the merits.

Questions Presented

1. Whether the Court of Appeals had jurisdiction to issue mandamus directing a trial court clerk to prepare and provide a clerk's record.
2. Whether Lewis's failure to serve his mandamus petition and subsequent letter required dismissal under the Texas Rules of Appellate Procedure.
3. Whether the petition should be dismissed without reaching the merits because Lewis failed to cure identified procedural defects.

Disposition

dismissed