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in Re Chris Hughes
13-17-00600-CV
| Tex. App. | Oct 30, 2017
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Background

  • Chris Hughes, proceeding pro se, filed a petition for writ of mandamus seeking to compel the Hidalgo County District Clerk to release funds allegedly owed in underlying cause T-0380-14-C (Monte Alto ISD et al. v. Doyle et al.).
  • Hughes did not provide a record or appendix supporting his mandamus petition.
  • Mandamus is an extraordinary remedy requiring proof of a clear abuse of discretion and lack of adequate appellate remedy; the relator bears that burden.
  • Texas appellate rules require a mandamus relator to include facts supported by competent evidence in an appendix or record and to provide a concise legal argument with citations.
  • The Texas Court of Appeals may issue mandamus against judges in its district but lacks general jurisdiction to issue mandamus against a district clerk except to enforce the court's own jurisdiction.
  • The Court examined the petition and determined it did not implicate the court's jurisdiction and dismissed the petition for lack of jurisdiction; a motion for leave to file was dismissed as moot.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether this Court has authority to grant mandamus relief compelling a district clerk to release funds Hughes sought an order directing the district clerk to release funds in the underlying case Implicit: the Court noted jurisdictional limits on issuing mandamus against a district clerk Court lacks jurisdiction to issue mandamus against the district clerk in this matter and dismissed the petition
Whether Hughes complied with mandamus procedural requirements (record/appendix and competent evidence) Hughes filed pro se petition but did not supply a record or appendix Court relied on Texas Rules requiring an appendix/record and citations to competent evidence Relator failed to provide required record/appendix; petition dismissed for lack of jurisdiction (and procedural deficiencies noted)

Key Cases Cited

  • In re H.E.B. Grocery Co., 492 S.W.3d 300 (orig. proceeding) (mandamus burden and standards)
  • In re Christus Santa Rosa Health Sys., 492 S.W.3d 276 (orig. proceeding) (mandamus availability to correct clear abuse of discretion)
  • Walker v. Packer, 827 S.W.2d 833 (orig. proceeding) (relator's burden in mandamus proceedings)
  • In re Nationwide Ins. Co. of Am., 494 S.W.3d 708 (orig. proceeding) (definition of abuse of discretion)
  • In re Essex Ins. Co., 450 S.W.3d 524 (orig. proceeding) (balancing adequacy of appellate remedy for mandamus)
  • In re Prudential Ins. Co. of Am., 148 S.W.3d 124 (orig. proceeding) (considerations for mandamus vs. appeal)
  • Barnes v. State, 832 S.W.2d 424 (Tex. App.—Houston [1st Dist.] 1992) (orig. proceeding) (pro se relator must show entitlement to mandamus)
  • In re Simmonds, 271 S.W.3d 874 (orig. proceeding) (court lacks jurisdiction to issue mandamus against district clerk absent enforcement of the court's jurisdiction)
  • In re Smith, 263 S.W.3d 93 (orig. proceeding) (same)
  • In re Coronado, 980 S.W.2d 691 (orig. proceeding) (same)
Read the full case

Case Details

Case Name: in Re Chris Hughes
Court Name: Court of Appeals of Texas
Date Published: Oct 30, 2017
Docket Number: 13-17-00600-CV
Court Abbreviation: Tex. App.