Opinion
No. 09-07-380 CV.
Opinion Delivered August 16, 2007.
Original Proceeding.
Before McKEITHEN, C.J., GAULTNEY, and KREGER, JJ.
MEMORANDUM OPINION
Relators Milton Davidson, Daphne Davidson, David S. Davidson, Samuel M. Davidson, Louise Bassman, Barbara Moss, and Ruth E. Projansky seek to compel the Honorable Judge Olen Underwood, Presiding Judge of the Second Administrative Judicial Region, to vacate an order of assignment of an active district court judge to preside over a will contest and to refer the case to the presiding judge of the statutory probate courts for assignment of a statutory probate judge. Relators are not seeking the issuance of a writ of mandamus against a judge of a district or county court in the court of appeals district and our appellate jurisdiction is not affected by the challenged order. See Tex. Gov't Code Ann. § 22.221 (Vernon 2004). Our mandamus authority does not include a specific grant of authority to issue a writ of mandamus against a regional presiding judge acting in his administrative capacity. In re Hettler, 110 S.W.3d 152, 154 (Tex.App.-Amarillo 2003, orig. proceeding [mand. denied]). We deny the petition for writ of mandamus.
PETITION DENIED.