MANDAMUS v. VOID Orders/Judgments
*Rules 52.3(j), 52.3(k) & 52.7 contain pitfalls for pro se litigants! Posted on October 11, 2013 by ricofraudonthecourt. These three rules are critical. If we violate any, the Petition will be denied without exceptions. Procedural errors are to be avoided at all costs!
I. MANDAMUS (WRIT OF MANDAMUS): * Here, I am only focusing on state court cases in which we attack VOID Orders/Judgments; federal cases will be posted in a separate BLOG. And I presume as a beginner, you are, like me, unfamiliar with MANDAMUS. Therefore, we have to learn the basics besides preparing ourselves for the task of eventually writing the PETITION FOR WRIT OF MANDAMUS.
A. THE MEANING & ESSENTIALS OF MANDAMUS
- MANDAMUS: The name of a writ, the principal word of which when the proceedings were in Latin, was mandamus, “we command” or “we order.” It’s a writ, more modernly called a “writ of mandate.”
- “The writ of mandamus can be issued in a mandamus proceeding, independent of any judicial proceeding. Generally, such a petition for a mandamus order is made to compel a judicial officer to perform a duty owed to the petitioner. If the parties fail to comply with a mandamus order, they may be held in Contempt of court and fined or jailed.” See TheFreeDictionary by Farlex.
- MANDAMUS is an extraordinary relief. The higher court has to put aside some case in hand to take care of your PETITION or mine. Therefore, we cannot blame for the requirements being so stringent as to deny our PETITIONS even on the ground of a tiny procedural error.
- Mandamus relief is generally available only if the court clearly abused its discretion and the party has no adequate remedy by appeal. See In re Southwestern Bell Telephone Co., 43 Tex. Sup. Ct. J. 1005,1006-1007,2000 WL 854253 (Tex. June 29,2000)(per curiam); In re Long, 984 S.W.2d 623, 625 (Tex. 1999)(per curiam).
- Mandamus is proper if a trial court issues an order beyond its plenary jurisdiction. See Southwestern Bell Telephone Co., 43 Tex. Sup. Ct. J. at 1007; In re Dickason, 987 S.W.2d 570, 5 71 (Tex. 1998)(per curiam).
- When attacking a void order by mandamus, it is not necessary to show no adequate remedy at law exists. See In re Southwestern Bell Telephone Co., 43 Tex. Sup. Ct. J. 1007 WL 854253 (Tex. June 29, 2000)(per curiam).
- Mandamus is not a writ of right, it is not consequently granted of course, but only at the discretion of the court to whom the application for it is made; and this discretion is not exercised in favor of the applicant, unless some just and useful purpose may be answered by the writ. 2 T. R. 385; 1 Cowen’s R. 501; 11 Shepl. 151; 1 Pike, 11.
- This writ was introduced to prevent disorders from a failure of justice; therefore it ought to be used upon all occasions where the law has established no specific remedy, and where in justice and good government there ought to be one. 3 Burr. R. 1267; 1 T. R. 148, 9.; 2 Pick. 414; 4 Pick. 68; 10 Pick. 235, 244; 7 Mass; 340; 3 Binn. 273; 5 Halst. 57; Cooke, 160; 1 Wend. 318; 5 Pet. 190; 1 Caines, R. 511; John. Cas. 181; 12 Wend. 183; 8 Pet. 291; 12 Pet. 524; 2 Penning. 1024; Hardin, 172; 7 Wheat. 534; 5 Watts. 152; 2 H. & M. 132; 3 H. & M. 1; 1 S. & R. 473; 5 Binn. 87; 3 Conn. 243; 2 Virg. Cas. 499; 5 Call. 548. Mandamus will not lie where the law has given another specific remedy. 1 Wend. 318; 10 John. 484; 1 Cow. 417; Coleman, 117; 1 Pet. 567; 2 Cowen, 444; 2 McCord, 170; Minor, 46; 2 Leigh, 165; Const. Rep. 165, 175, 703.
B. SOME BASIC ONLINE ARTICLES TO READ:
- MANDAMUS: THE HURDLES TO RELIEF – Haynes and Boone
- PUTTIN’ ON THE WRITS Writs of Mandamus in Texas By Helen A. Cassidy
- SUCCEEDING IN MANDAMUS REVIEW By JANE M.N. WEBRE
- Is My Case Mandamusable? – St. Mary’s Law Journal – By JUSTICE MARIALYN BARNARD, et al.
- Mandamus–don’t forget the order By Mike Northrup: Texas Appellate Rule 52.3(k)(1)(A) requires that an appendix to a Petition for Writ of Mandamus must contain a certified or sworn copy of any order complained of, or any other document showing the matter complained of.
C. GOOGLE SEARCH FOR OUR RESPECTIVE STATE’S CASE LAW ON MANDAMUS, E.G., TEX. CASESLAW —> Mandamus Relief Criteria.
D. CONSULT AMPLE CASELAW FROM OTHER STATES.
E. GOVERNMENT CODE: The sources of jurisdiction most often used to support a writ of mandamus to the supreme court or to a court of appeals appear in the Government Code.
II. VOID Orders/Judgments
A. The Elements of VOID Orders/Judgments:
1. Lacking jurisdiction of the subject matter, or parties, and violation of due process are the most important elements of a VOID Order or Judgment.
2. Judgment is a “void judgment” if court that rendered judgment lacked jurisdiction of the subject matter, or of the parties, or acted in a manner inconsistent with due process. Klugh v. U.S., D.C.S.C., 610 F.Supp. 892, 901.
3. When attacking a void order by mandamus, it is not necessary to show no adequate remedy at law exists. See In re Southwestern Bell Telephone Co., 43 Tex. Sup. Ct. J. 1007 WL 854253 (Tex. June 29, 2000)(per curiam).
4. Mandamus will lie to correct a void order, that is, an order the trial court had no power or jurisdiction to render. See Urbish v. 127th Judicial Dist. Court, 708 S.W.2d 429, 431 (Tex. 1986) (orig. proceeding). If an order is void, the relator need not show he lacks an adequate appellate remedy, and mandamus relief is appropriate. In re Sw. Bell Tel. Co., 35 S.W.3d 602, 605 (Tex. 2000) (orig. proceeding).
5. A judgment is void if it is shown that the court lacked jurisdiction 1) over a party or the property; 2) over the subject matter; 3) to enter a particular judgment; or 4) to act as a court. Jurisdiction could not be conferred by waiver or retroactively ELNA PFEFFER ET AL. v. ALVIN MEISSNER ET AL. (11/23/55) 286 S.W.2d 241.
B. SOME IMPORTANT ONLINE SOURCES:
- 22 Reasons a Judgment is Void, The Really Big Deal is …
- Law of Voids – Liberty For Life: Read all the cited cases, but concentrate on your state’s precedents. If this list is inadequate for your situation, Google search for more case law in your state. If unsuccessful, use some relevant precedents from other states.
- Void Judgment Details – What makes a judgment void: EVERYTHING YOU ALWAYS WANTED TO KNOW ABOUT VOID JUDGMENTS BUT WERE AFRAID TO ASK!
C. CITING FACTS, LAW, STATUTES, CONSTITUTIONS, ETC. TO ATTACK THE VOID ORDERS/JUDGMENTS:
1. We must carefully cite sufficient facts to substantiate our claims, defenses, or counter-claims and search online focusing on the relevant case law in our respective state to strengthen our position.
2. Research relevant law, statutes, rules, the Constitutional Provisions of our respective state and those of the US Constitution, e.g., Texas Open Courts Doctrine, 1st and 14th Amendments to the US Constitution.
3. Refer to the samples of PETITION FOR WRIT OF MANDAMUS.
4. Download our respective state’s Rules of Appellate Procedure, e.g., Texas Rules of Appellate Procedure – Supreme Court of Texas. Read the relevant rules with care to avoid making any procedural error, which will result in immediate dismissal.
5. Start drafting our own PETITION FOR WRIT OF MANDAMUS, and revise it as many times as possible before submitting it to the appropriate court.
6. Make a request to the state District Clerk, and designate the court record to be submitted to the Appellate Court.
7. If you encounter any procedural problems, ask the Appellate Court Clerk for help.
8. Send it to the Appellate Clerk by PRIORITY MAIL without return receipt because we can track the DELIVERY time and date online without extra cost.
9. Never forget to sign the PETITION and CERTIFICATE OF SERVICE before a Notary Public because a VERIFIED PETITION is essential.
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* It took me ten years to realize that MANDAMUS: VOID Orders/Judgments is my salvation after having suffered through my opponents’ fraud, and the opposing counsel’s fraud on the court in conspiracy with the corrupt judges who “are proud to be in their pockets,” quoting a certain judge’s own admission/statement. I believe the campaign contributions are to blame for the corruption of the officers of the court, including, but not limited to, lawyers and judges, e.g., David Roberts, Randall W. Hill, and Juergen “Skipper” Koetter!
Money is absolutely heavier, isn’t it, your honor?
You see: I swear I see nothing, not even Mexican 500 pesos!
* “Relators had on average a 10.3% chance of receiving their requested relief.” See Eugene A. Cook, Ten Year Analysis of Supreme Court Activity, 11 APP. ADVOC. no. 4, 1998, at 3, 5 (noting that in 1997, only 27 out of 326 petitions were granted, meaning relators had an eightpercent chance of success with mandamus proceedings). — The above study warns us that the chance of receiving MANDAMUS relief is very slim, and that we must make our petition impeccable to join the minority of winners.
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A WORD OF ADVICE:
Sun Tzu (544 BC — 496 BC), Chinese military general, strategist, philosopher, and author of The Art of War, said: “Know your enemy and know yourself and you can fight a hundred battles without disaster.”
Thus, know your opponent. Look for his or her weaknesses.
For example, I was lucky enough to contact the office of Texas Secretary of State to inquire about Anita’s Resort Properties, Inc., which happened to be an ASSUMED NAME, and its CERTIFICATE expired on June 5, 1993 without any renewal. Consequently, it was factually, and legally non-existent, and it had no standing to sue. See Expiration of Assumed Name Certificate and Standing to Sue Posted on May 18, 2012. Besides, there are so many other fundamental defects in my opponents’ pleadings that I am sure of having justice served one of these days despite countless setbacks in the past ten years.
Can’t you see the resemblance of Terry J. Cox & Anita L. Koop in this spooky couple? Terry & Anita are the owners of the non-existent Anita’s Resort Properties, Inc., which illegally acquired and sold real property without having to pay any income tax, state or federal, since June 6, 1993 when its Assumed Name Certificate expired without renewal even today. See AnitaS Resort Property, Inc. – Wysk & Assuming the Assumed Name Certificate of Anita’s Resort…
“It is Government’s first duty to protect the people, not run their lives,” said Ronald Reagan.
“Exposing their fraud is my duty; prosecuting them is that of the government, federal or state,” said Paul Chen.
Another good example is my accidental online discovery of the $5,900.10 donated to Judge Koetter by David Roberts and his law firm Roberts Roberts, Odefey, Witte LLP before and after the 7/15/2010 hearing. Consequently, Judge Koetter violated Canon 4 d (4)(c) & Bribery Statute 18 U.S.C. § 201(c)(1)(A), which was publicized in JUDGE JUERGEN (SKIPPER) KOETTER: My readers were wrong! So was I!
Take the bribe, reward, or gift in the name of campaign contribution.
Don’t worry, your honor! Don’t you see my lips are sealed? No one will ever know about this?!
Please click Mr. Juergen (Skipper) Koetter: You should be removed, not just reprimanded! Posted on November 15, 2013 by ricofraudonthecourt to have a good look at the handsome, wise Mr. Roberts, who sings well, too!
Is this Judge Juergen (Skipper) Koetter?
The secret of getting ahead is getting started. — Mark Twain
The secret of getting ahead is getting started taking as much money as you can. — Paul Chen — Think of it as a fan! Take it, your honor!
The secret of life is honesty and fair dealing. If you can fake that, you’ve got it made. — Groucho Marx
The secret of business is to know something that nobody else knows. — Aristotle Onassis Including bribery, right?
TO BE CONTINUED.
Paul Chen
He is not stupid; he runs like hell because he knows: “Hell is empty and all the devils are here.” — William Shakespeare
No!
The honorable juergen “skipper” koetter accepts your hot cash with thanks! How many cases have you filed in my court?skipper: Sorry, I must not show up with such cash in public! Got to hide!paul: Click the link: the honorable Juergen Skipper Koetter; I don’t think he can hide!Some words of advice you need to listen to, your honor: With integrity, you have nothing to fear, since you have nothing to hide. With integrity, you will do the right thing, so you will have no guilt. — Zig Ziglar
MANDAMUS: VOID Orders/Judgments 