In Re Oliveira Florinda Marlon v. the State of Texas

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed
March 14, 2024.

In The

Fourteenth Court of Appeals

NO. 14-23-00809-CV

IN RE OLIVEIRA FLORINDA MARLON, Relator

ORIGINAL PROCEEDING
WRIT OF MANDAMUS
County Court at Law No. 1
Waller County, Texas
Trial Court Cause No. 19-01-25338

MEMORANDUM OPINION

On October 25, 2023, relator Oliveira Florinda Marlon filed a “writ of
mandamus.” See Tex. Gov’t Code Ann. § 22.221; see also Tex. R. App. P. 52. In
the petition, relator asks the court to reopen In re Marriage of Nanette Yvette
Marlon and Oliveira Florinda Marlon (14-19-00610-CV). We dismissed that
appeal, as the filing fee was not paid. Tex. R. App. P. 5, 42.3(c). This court has the
authority to issue writs of mandamus against a judge of a district, statutory county,
statutory probate county, or county court in the court of appeals district and all
writs necessary to enforce our jurisdiction. Tex. Gov’t Code Ann. § 22.221(a), (b).
This purported petition for a writ of mandamus is not directed at any of the judges
listed above, and we have no subject-matter jurisdiction to proceed. Even were we
to treat this a motion in the former appeal, our plenary power over our December
17, 2019 judgment in case number 14-19-00610-CV expired 60 days after
judgment as there was no timely filed motion for rehearing or en banc
reconsideration, or timely filed motion to extend time to file such a motion. Tex. R.
App. P. 19.1.
We dismiss this proceeding for want of subject-matter jurisdiction.

PER CURIAM

Panel consists of Justices Zimmerer, Spain, and Hassan.

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