CAUSE NO. 2024-00001 MICHAEL C. ENGELHART, Plaintiff, v. MIKE DOYLE, in his representative capacity and HARRIS COUNTY DEMOCRATIC PARTY, Defendants.
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IN THE DISTRICT COURT OF HARRIS COUNTY, TEXAS
281st JUDICIAL DISTRICT
PLAINTIFF’S NOTICE OF NONSUIT WITHOUT PREJUDICE Plaintiff Michael C. Engelhart files this Notice of Nonsuit Without Prejudice as follows: It is clear from the four corners of the application filed with the Harris County Democratic Party that fewer than 250 registered voters signed the petitions submitted by Erica Roche’ Hughes on or about December 11, 2023. The appropriate remedy is mandamus. The court of appeals is the appropriate venue for this matter because “[m]andamus relief lies exclusively with the appellate courts of our state, not with district courts.” Bejarano v. Moody, 901 S.W.2d 570, 571 (Tex. App. – El Paso 1995, orig. proceeding); see also TEX. ELEC. CODE ANN. § 273.061 (assigning jurisdiction to the Supreme Court or Courts of Appeals to hear mandamus proceedings in connection with election matters). Accordingly, Michael C. Engelhart dismisses this matter without prejudice in anticipation of his possible filing for a writ of mandamus elsewhere. A proposed order is attached.
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