In Re Cody Wommack v. the State of Texas

In the
Court of Appeals
Sixth Appellate District of Texas at Texarkana

No. 06-25-00042-CV

IN RE CODY WOMMACK

Original Mandamus Proceeding

Before Stevens, C.J., van Cleef and Rambin, JJ.
Memorandum Opinion by Chief Justice Stevens
MEMORANDUM OPINION

Cody Wommack has filed a petition for a writ of mandamus asking this Court to compel

the Morris County District Clerk to prepare a clerk’s record in a matter currently pending before

our Court “even though the trial court’s denial of indigence is under appeal.”1 Because we lack

jurisdiction over the Morris County District Clerk in this case, we dismiss this petition for a writ

of mandamus.

Our mandamus jurisdiction is limited by Section 22.221 of the Texas Government Code,

which authorizes appellate courts to issue writs of mandamus against certain judges in their

districts. TEX. GOV’T CODE ANN. § 22.221(a), (b) (Supp.). Also, “[i]f necessary to protect our

jurisdiction, we have . . . the power to issue a writ of mandamus against a district clerk. But the

relator must demonstrate how mandamus relief is actually necessary to protect our jurisdiction.”

In re Barnes, 528 S.W.3d 822, 823 (Tex. App.—Texarkana 2017, orig. proceeding) (citations

omitted).

Here, Wommack has failed to demonstrate that mandamus relief is necessary to enforce

our jurisdiction. Instead, he has shown that he has a pending appeal in our Court, the trial court

determined that he is not entitled to a free record on appeal and that determination has also been

separately appealed in accordance with Rule 145 of the Texas Rules of Civil Procedure and will

be decided in due time. See TEX. R. CIV. P. 145(g). Because no writ of mandamus is required to

preserve our jurisdiction in any of Wommack’s pending appeals, we do not have mandamus

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Wommack’s petition for a writ of mandamus also alleged that the Morris County District Clerk had failed to file his
“petition in a lawsuit involving the City of Lone Star,” but Wommack has since notified this Court that he is
withdrawing that complaint as moot because the lawsuit has been filed.
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jurisdiction over the Morris County District Clerk. Accordingly, we dismiss this petition for a

writ of mandamus.

Scott E. Stevens
Chief Justice

Date Submitted: April 29, 2025
Date Decided: April 30, 2025

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