in Re Allen Roy Miller

• Court: Court of Appeals of Texas
• Decided: April 15, 2010
• Docket: 14-10-00285-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed April 15, 2010

In The

Fourteenth Court of Appeals

NO. 14-10-00285-CV

In Re Allen Roy Miller, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

MEMORANDUM  OPINION

            On April 1, 2010, relator, Allen Roy Miller, 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.  In the petition, relator asks this Court to compel the respondent, Loren Jackson, Harris County District Clerk, to issue citation and serve the defendants in the underlying suit filed by relator.

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.  A court of appeals has no jurisdiction to issue a writ of mandamus against a district clerk unless necessary to enforce our jurisdiction.  In re Washington, 7 S.W.3d 181, 182 (Tex. App.—Houston [1st Dist.] 1999, orig. proceeding).  Relator has not shown that a writ of mandamus directed to the district clerk is necessary to enforce our jurisdiction.  Therefore, we do not have jurisdiction to issue a writ of mandamus against the district clerk.  See In re Dunn, 120 S.W.3d 913 (Tex. App.—Texarkana 2003, orig. proceeding) (holding court of appeals did not have jurisdiction to issue writ of mandamus to compel district clerk to issue citation).[1] 

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

                                                                                    PER CURIAM

Panel consists of Justices Brown, Sullivan, and Christopher.

Do Not Publish—Tex. R. App. P. 47.2(b).

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[1] We note, however, that the district courts have the power to issue writs to enforce their jurisdiction.  Tex. Gov’t Code Ann. § 24.011 (Vernon 2004); Easton v. Franks, 842 S.W.2d 772, 773–74 (Tex. App.—Houston [1st Dist.] 1992, orig. proceeding).