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In re King

Court of Appeals of Texas, Fourteenth District, Houston
Sep 29, 2009
No. 14-09-00793-CV (Tex. App. Sep. 29, 2009)

Opinion

No. 14-09-00793-CV

Opinion filed September 29, 2009.

Original Proceeding.

Writ of Mandamus.

Panel consists of Chief Justice HEDGES and Justices SEYMORE and SULLIVAN.


MEMORANDUM OPINION


On September 17, 2009, relator, Gerald King, filed a petition for writ of mandamus in this Court. See Tex. Gov't Code Ann. § 22.221 (Vernon 2004); see also Tex. R. App. P. 52. Relator is attempting to appeal a Brazoria County small claims court judgment to the county court at law. Relator seeks to compel the respondent, Joyce Hudman, County Clerk of Brazoria County, to file his notice of appeal to the county court at law.

A court of appeals has no general writ power over a person — other than a judge of a district or county court — unless issuance of the writ is necessary to enforce the court's jurisdiction. See Tex. Gov't Code Ann. § 22.221. Respondent is not a district or county judge. For the county clerk to come within our jurisdiction, it must be established that the issuance of the writ of mandamus is necessary to enforce our jurisdiction. See In re Coronado, 980 S.W.2d 691, 692-93 (Tex. App.-San Antonio 1998, orig. proceeding) (explaining that in order for district clerk to fall within jurisdictional reach of court of appeals, it must be shown that issuance of writ of mandamus is necessary to enforce court of appeals' jurisdiction). Relator has not shown that the exercise of our mandamus authority against the respondent is necessary to enforce our jurisdiction. Therefore, we do not have jurisdiction to issue a writ of mandamus against the respondent.

Accordingly, relator's petition for writ of mandamus is ordered dismissed for lack of jurisdiction.


Summaries of

In re King

Court of Appeals of Texas, Fourteenth District, Houston
Sep 29, 2009
No. 14-09-00793-CV (Tex. App. Sep. 29, 2009)
Case details for

In re King

Case Details

Full title:IN RE GERALD KING, Relator

Court:Court of Appeals of Texas, Fourteenth District, Houston

Date published: Sep 29, 2009

Citations

No. 14-09-00793-CV (Tex. App. Sep. 29, 2009)