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in Re Jason Callicotte
14-16-00937-CV
| Tex. App. | Nov 29, 2016
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Background

  • Relator Jason Callicotte filed two mandamus petitions in the Fourteenth Court of Appeals challenging actions in cause no. 201601966J in the 313th Juvenile Court (Harris County).
  • First petition: Callicotte sought an order compelling the Harris County District Clerk, Chris Daniel, to enter records and provide certified copies of docket sheets, motions, responses, and orders.
  • Second petition: Callicotte sought an order compelling Judge Glen Devlin of the 313th Juvenile Court to rule on motions Callicotte claimed to have filed.
  • The court reviewed whether it had mandamus jurisdiction over the district clerk and whether the mandamus record demonstrated filed motions brought to the trial court’s attention.
  • Court concluded it lacked authority under Tex. Gov’t Code § 22.221 to issue mandamus to a district clerk and dismissed the first petition for lack of jurisdiction.
  • Court denied the second petition because relator failed to include file-stamped copies or other evidence showing the motions were filed and presented to the trial court, a required showing for mandamus relief.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the court of appeals may compel the Harris County District Clerk to enter records and provide certified copies Callicotte: court should order the district clerk to enter records and produce certified copies of docket sheets and filings Clerk: court of appeals lacks mandamus jurisdiction over district clerks under Tex. Gov’t Code § 22.221 Dismissed for lack of jurisdiction — courts of appeals cannot issue mandamus against a district clerk
Whether the court should compel the juvenile court judge to rule on motions Callicotte filed Callicotte: judge must be ordered to rule on his pending motions Judge: no relief if motions are not shown to have been filed or brought to the court’s attention; relator bears burden to provide record Denied — relator failed to file certified/file-stamped copies showing motions were filed and presented to the trial court

Key Cases Cited

  • Walker v. Packer, 827 S.W.2d 833 (Tex. 1992) (relator bears burden to provide sufficient record for mandamus)
  • In re Simpson, 997 S.W.2d 939 (Tex. App.—Waco 1999) (orig. proceeding) (courts of appeals lack mandamus authority over district clerks)
  • In re Molina, 94 S.W.3d 885 (Tex. App.—San Antonio 2003) (orig. proceeding) (mandamus requires showing motions were filed and brought to trial court’s attention)
  • In re Layton, 257 S.W.3d 794 (Tex. App.—Amarillo 2008) (orig. proceeding) (same — relator must show filing and presentation to trial court)
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Case Details

Case Name: in Re Jason Callicotte
Court Name: Court of Appeals of Texas
Date Published: Nov 29, 2016
Docket Number: 14-16-00937-CV
Court Abbreviation: Tex. App.