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