in Re Alberto Roman Gonzalez

Court of Appeals of Texas·Decided April 24, 2013·No. 04-13-00232-CV·Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION

No. 04-13-00232-CV

IN RE Alberto Roman GONZALEZ

Original Mandamus Proceeding 1

PER CURIAM

Sitting: Catherine Stone, Chief Justice Sandee Bryan Marion, Justice Rebeca C. Martinez, Justice

Delivered and Filed: April 24, 2013

PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION

On April 11, 2013, Relator Alberto Roman Gonzalez filed what is entitled “Suit in Equity

for the Enforcement of a Breach of Trust,” in part seeking mandamus relief. However, by

statute, this court only has the authority to issue a writ of mandamus against a “judge of a district

or county court in the court of appeals district” and other writs as necessary to enforce our

appellate jurisdiction. See TEX. GOV=T CODE ANN. § 22.221(a)-(b) (West 2004). We conclude

the relief Gonzalez is requesting is not directed at a district or county court in our district and it is

not necessary to enforce our appellate jurisdiction. Accordingly, the petition for writ of

mandamus is DISMISSED FOR LACK OF JURISDICTION.

1 There is no pending trial court proceeding.

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