[Download] "In re Washington" by Texas Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: In re Washington
- Author : Texas Court of Appeals
- Release Date : January 27, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 48 KB
Description
Opinion issued Original Proceeding on Petition for Writ of Mandamus MEMORANDUM OPINION Relator requests that this Court compel respondent, the Harris County District Clerk, to forward his notice of appeal in cause number 728175 to the appropriate court of appeals. In his pro se petition, relator states that ""although the district clerk has acknowledged receipt of the notice of appeal, however, the district clerk has failed to randomly assign and forward it to the appropriate court of appeals as is required by the Texas Rules of Appellate Procedure."" Relator mailed a ""Motion to Compel Court to Recognize Defendant's Request to Exercise Right of Appeal"" to the Harris County District Clerk. 1 The document was filemarked; however, according to county records, it was never forwarded to a court of appeals and relator's conviction was never placed on appeal. We conditionally grant the writ. We have jurisdiction to issue writs of mandamus against a district court Judge or county court Judge in our district, and we may issue all writs necessary to enforce our jurisdiction. See Tex. Gov't Code Ann. § 22.221(a) (Vernon 1988), § 22.221(b) (Vernon Supp. 1999). We have no jurisdiction to issue a writ of mandamus against a district clerk unless such is necessary to enforce our jurisdiction. See In re Coronado, 980 S.W.2d 691, 692 (Tex. App.-San Antonio 1998, orig. proceeding); Summit Savings Ass'n v. Garcia, 727 S.W.2d 106, 107 (Tex. App.-San Antonio 1987, orig. proceeding). The filing of a notice of appeal invokes the court of appeals' jurisdiction. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996); see also Rhem v. State, 820 S.W.2d 946, 947 (Tex. App.-Houston [1st Dist. 1991) (published order). A document is considered filed when delivered to the clerk for filing. Rhem, 820 S.W.2d at 947. The same rule is applied in civil cases. See Biffle v. Morton Rubber Industries, Inc. 785 S.W.2d 143, 144 (Tex. 1990). Therefore, when a notice of appeal, timely or untimely, is delivered to the clerk for filing, any further determination concerning appellate jurisdiction must be made by the appellate court. We have jurisdiction to determine whether we have jurisdiction. See Olivo, 918 S.W.2d at 523. We hold that we have jurisdiction to issue a writ of mandamus against a district clerk for failure to forward to the appropriate court of appeals a notice of appeal delivered to him for filing because such is necessary to enforce our jurisdiction.