in Re Gerald King

• Court: Court of Appeals of Texas
• Decided: September 29, 2009
• Docket: 14-09-00793-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed September 29, 2009.

In The

Fourteenth Court of Appeals

NO. 14-09-00793-CV

In Re Gerald King, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

MEMORANDUM  OPINION

On September 17, 2009, relator, Gerald King, 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.  Relator is attempting to appeal a Brazoria County small claims court judgment to the county court at law.  Relator seeks to compel the respondent, Joyce Hudman, County Clerk of Brazoria County, to file his notice of appeal to the county court at law. 

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.  Respondent is not a district or county judge.  For the county clerk to come within our jurisdiction, it must be established that the issuance of the writ of mandamus is necessary to enforce our jurisdiction.  See In re Coronado, 980 S.W.2d 691, 692–93 (Tex. App.—San Antonio 1998, orig. proceeding) (explaining that in order for district clerk to fall within jurisdictional reach of court of appeals, it must be shown that issuance of writ of mandamus is necessary to enforce court of appeals’ jurisdiction).  Relator has not shown that the exercise of our mandamus authority against the respondent is necessary to enforce our jurisdiction.  Therefore, we do not have jurisdiction to issue a writ of mandamus against the respondent. 

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

of  jurisdiction.

                                                                                    PER CURIAM

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