IN RE: LAWRENCE HILL ESTATE (2017)

MEMORANDUM OPINION

Before the Court is relator's February 23, 2017 request for entry of default in which relator complains of the district clerk's failure to sign an “order of default” filed by relator below. Relator asks this Court to order the district clerk to enter a default judgment against the State of Texas in the underlying cases. We treat relator's motion as a petition for writ of mandamus. See Safety-Kleen Corp. v. Garcia, 945 S.W.2d 268, 269 (Tex. App.—San Antonio 1997, orig. proceeding) (mandamus may issue to compel a trial court to act upon a properly-filed and pending motion).

The Court does not have mandamus jurisdiction over a district clerk, however, unless the clerk is interfering with our appellate jurisdiction. TEX. GOV'T CODE § 22.221(a)-(b) (West 2004) (court of appeals may only issue writ of mandamus against district and county judges or as necessary to enforce jurisdiction of appellate court); In re Wilkerson, 05-16-00322-CV, 2016 WL 1320815, at *1 (Tex. App.—Dallas Apr. 5, 2016, orig. proceeding) (citing In re Simpson, 997 S.W.2d 939, 939 (Tex. App.—Waco 1999, orig. proceeding)). No appeal is pending in the underlying cases, and our jurisdiction is not in jeopardy. Accordingly, we dismiss these proceedings for want of jurisdiction.

Opinion by Justice Whitehill