in Re Chad A. Beverly

• Court: Court of Appeals of Texas
• Decided: April 28, 2011
• Docket: 14-11-00329-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed April 28, 2011.

In The

Fourteenth Court of Appeals

____________

NO. 14-11-00329-CV

IN RE CHAD A. BEVERLY, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

245th District Court

Harris County, Texas

Trial Court No. 2007-64129

M E M O R A N D U M   O P I N I O N

            On April 18, 2011, relator, Chad A. Beverly, filed a petition for writ of mandamus in this Court.  See Tex. Gov’t Code §22.221; see also Tex. R. App. P. 52.1.  In his petition, realtor asks that we direct the District Clerk to furnish copies of documents filed in his 2008 divorce, pursuant to an open records request.  See Tex. Gov’t Code §§ 552.001-.353

            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 § 22.221. 

            This court does not have mandamus jurisdiction over a district clerk unless it is necessary to enforce the court’s jurisdiction.  See In re Washington, 7 S.W.3d 181, 182 (Tex. App.—Houston [1st Dist.] 1999, orig. proceeding) (mem. op.).  Because the petition for writ of mandamus is directed toward the Harris County District Clerk and is not necessary to enforce this court’s jurisdiction, we lack jurisdiction to grant the requested relief.  See Tex. Gov’t Code § 22.221(b)(1).

            Accordingly, the petition for writ of mandamus is ordered dismissed.

                                                            PER CURIAM

Panel consists of Chief Justice Hedges and Justices Seymore and Boyce.