In Re Carmen Maria Montiel v. the State of Texas
This text of In Re Carmen Maria Montiel v. the State of Texas (In Re Carmen Maria Montiel v. the State of Texas) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Opinion issued December 19, 2023
In The
Court of Appeals For The
First District of Texas ———————————— NO. 01-23-00893-CV ——————————— IN RE CARMEN MARIA MONTIEL, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator Carmen Maria Montiel seeks a writ of mandamus to compel the real
parties in interest, Harris County Clerk Marilyn Burgess and Director of the Harris
County Clerk’s Office Joe Belalcazar, to accept a filing fee and certify that it has
been timely received.
This Court’s mandamus jurisdiction is governed by the Government Code.
See TEX. GOV’T CODE § 22.221. A court of appeals may issue writs of mandamus against (1) a judge of a district, statutory county, statutory probate county, or
county court in the court of appeals district; (2) a judge of a district court who is
acting as a magistrate at a court of inquiry under Chapter 52 of the Code of
Criminal Procedure in the court of appeals district; or (3) an associate judge of a
district or county court appointed by a judge under Chapter 201 of the Family
Code in the court of appeals district for the judge who appointed the associate
judge. Id. § 22.221(b). The courts of appeals also may issue all writs necessary to
enforce the court of appeals’ jurisdiction. Id. § 22.221(a).
The real parties are not specified in section 22.221. Moreover, relator has
not shown that the issuance of a writ compelling the requested relief is necessary to
enforce our appellate jurisdiction. See id. § 22.221(a). Accordingly, we lack
jurisdiction to issue a writ of mandamus against these real parties. See In re
Johnson, No. 01-06-00805-CV, 2007 WL 2963685, at *1 (Tex. App.—Houston
[1st Dist.] Oct. 11, 2007, orig. proceeding) (mem. op.). We therefore dismiss
relator’s petition for lack of jurisdiction.
PER CURIAM
Panel consists of Chief Justice Adams and Justices Landau and Rivas-Molloy.
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