in Re Brian K. McPherson

• Court: Court of Appeals of Texas
• Decided: May 6, 2010
• Docket: 14-10-00362-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed May 6, 2010.

In The

Fourteenth Court of Appeals

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NO. 14-10-00361-CV

NO. 14-10-00362-CV

IN RE BRIAN K. MCPHERSON, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

MEMORANDUM OPINION

            On April 23, 2010, Relator, Brian K. McPherson, filed two petitions for writ of mandamus in this Court.  See Tex. Gov’t Code Ann §22.221 (Vernon 2004); see also Tex. R. App. P. 52.1.

            This Court’s mandamus jurisdiction is governed by section 22.221 of the Texas Government Code.  Section 22.221 expressly limits the mandamus jurisdiction of the courts of appeals to:  (1) writs against a district court judge or county court judge in the court of appeals’ district, and (2) all writs necessary to enforce the court of appeals' jurisdiction.  Tex. Gov’t Code Ann. § 22.221 (Vernon 2004).  Because the petitions for writ of mandamus are directed toward a district court outside of this court’s district and is not necessary to enforce this court’s jurisdiction, we have no jurisdiction.[1]  See Tex. Gov’t Code Ann. § 22.221(b)(1).

            Accordingly, the petitions for writ of mandamus are ordered dismissed.

                                                            PER CURIAM

Panel consists of Justices Brown, Sullivan, and Christopher.

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[1] This does not, of course, prevent the court from addressing the trial court’s failure to file properly requested findings of fact and conclusions of law in conjunction with Relator’s appeals (No 14-10-00314-CV & 14-10-00315-CV), if the issue is properly raised.