MARIA E. PERALES AND EDWARD L. PERALES v. TODD R. HOWELL, M.D., LUZ PEREZ, L.V.N., VALERIE C. BRIAULT, R.N., PAUL EBEJER, R.N., AND DOUG ALEXANDER, E.R.C.T.--Appeal from 94th District Court of Nueces

State: Texas

Court: Texas Northern District Court

Docket No: 13-02-00547-CV

Case Date: 10/17/2002

Plaintiff: MARIA E. PERALES AND EDWARD L. PERALES

Defendant: TODD R. HOWELL, M.D., LUZ PEREZ, L.V.N., VALERIE C. BRIAULT, R.N., PAUL EBEJER, R.N., AND DOUG ALEX

Preview:NO. 07-08-0042-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL B JANUARY 23, 2008 ______________________________

In re JERRY DALE JENKINS, Relator _________________________________ Memorandum Opinion on Original Proceeding for Writ of Mandamus _______________________________

Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ. Pending before the court is a document filed by Jerry Dale Jenkins entitled "Request for Appellate Records[,] Clerk's File Docket Sheet, Clerk's Court Docket Sheet, and the Minutes Read and Signed, and the Order of Cases Furnished Without Charge." Therein he contends that the trial court denied his request for a return of his property and asks that we "grant [his] motion . . . and . . . enter an order directing the County . . . and District Attorney and Sheriff to forthwith return said Property to Jerry Dale Jenkins." Furthermore, he requests that we "order the Hall County District Clerk . . . [to] provide true and correct copies of every specific documents [sic] requested and legal documents pertaining to cause numbers: 3247 and 3248. . . free of charge, . . . ." We deny the requests for the following reasons.

First, to the extent that Jenkins is attempting to mandamus the district clerk in order to obtain a free record, we lack authority to do so. Courts of appeals may only issue writs of mandamus 1) against a district or county court judge within the court's district or a district court judge who is acting as a magistrate at a court of inquiry under Chapter 52 of the Texas Code of Criminal Procedure within the court's district and 2) to preserve its jurisdiction. TEX . GOV'T CODE ANN .

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