CourtListener 10609037•In Re Alice Barryer Lynch, Tonja Lynch, and Felicia Lynch v. the State of Texas
In Re Alice Barryer Lynch, Tonja Lynch, and Felicia Lynch v. the State of Texas
CourtListener 10609037Txctapp6Jun 13, 2025
Full text
In the
Court of Appeals
Sixth Appellate District of Texas at Texarkana
No. 06-25-00047-CV
IN RE ALICE BARRYER LYNCH, TONJA LYNCH, AND FELICIA LYNCH
Original Mandamus Proceeding
Before Stevens, C.J., van Cleef and Rambin, JJ.
Memorandum Opinion by Chief Justice Stevens
MEMORANDUM OPINION
Relators, Alice Barryer Lynch, Tonja Lynch, and Felicia Lynch, proceeding pro se, have
petitioned this Court for mandamus relief.1 Relators ask this Court to compel Respondent, the
Honorable Rick McPherson, judge of the County Court at Law of Panola County, to vacate its
“Final Judgment for Dismissal for Want of Prosecution” entered in trial court cause number
8214. Relators also ask this Court to order Respondent to take no further action in trial court
cause number 8214 until it gives proper notice and holds a hearing in the matter. Furthermore,
Relators ask this Court to compel the Panola County clerk to perform her duties by allowing
Relators to file a pro se application to determine heirship of Frank Barryer.2
Rule 52.3(g) of the Texas Rules of Appellate Procedure, entitled “Form and Contents of
Petition,” states, “The petition must state concisely and without argument the facts pertinent to
the issues or points presented. Every statement of fact in the petition must be supported by
citation to competent evidence included in the appendix or record.” TEX. R. APP. P. 52.3(g).
Relators have submitted to this Court a 238-page document, which includes a 17-page
petition and approximately 218 pages of alleged exhibits. Yet, there are no citations to the
1
On April 3, 2025, Felicia Lynch and Tonja Lynch were declared vexatious litigants in trial court cause number
2024-318, styled Felicia Lynch and Tonja Lynch v. James Fite Carter, et al. That order prohibited Felicia and Tonja
Lynch from filing any new litigation in a court of this State without first obtaining permission from a local
administrative judge. TEXAS JUDICIAL BRANCH, Lynch, et al. v. Carter, et al., No. 2024-318 (123rd Jud. Dist. Ct.
Panola Cnty. Apr. 3, 2025, order), https://www.txcourts.gov/media/1460252/tonja-lynch.pdf; see TEX. CIV. PRAC. &
REM. CODE ANN. §§ 11.101–.103. Felicia and Tonja Lynch have filed a direct appeal of the trial court’s vexatious
litigant order in our cause number 06-25-00044-CV, and their appeal is currently pending.
2
This Court has limited mandamus jurisdiction. We may issue a writ of mandamus only against a judge of a district
or county court in our appellate district. TEX. GOV’T CODE ANN. § 22.221(c) (Supp.). That jurisdiction does not
extend to other parties, such as district attorneys or district clerks, unless such mandamus relief would be necessary
to enforce our jurisdiction. TEX. GOV’T CODE ANN. § 22.221(a) (Supp.); see In re Shugart, 528 S.W.3d 794, 796
(Tex. App.—Texarkana 2017, orig. proceeding).
2
record in Relators’ petition. See id. Therefore, Relators’ petition does not meet the requirements
of the Texas Rules of Appellate Procedure.
Accordingly, we deny Relators’ petition for a writ of mandamus.
Scott E. Stevens
Chief Justice
Date Submitted: June 12, 2025
Date Decided: June 13, 2025
3
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