in Re Mitsuhiro Nomura and Nadine Mahealani Nomura

• Court: Court of Appeals of Texas
• Decided: September 5, 2013
• Docket: 14-13-00744-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed September 5, 2013.

In The

Fourteenth Court of Appeals

NO. 14-13-00744-CV

IN RE MITSUHIRO NOMURA AND NADINE MAHEALANI NOMURA, Relators

ORIGINAL PROCEEDING WRIT OF MANDAMUS 315th District Court Harris County, Texas Trial Court Cause No. 2013-42399

MEMORANDUM OPINION

On August 26, 2013, relators Mitsuhiro Nomura and Nadine Mahealani Nomura filed a petition for writ of mandamus in this court. See Tex. Gov’t Code Ann. § 22.221; see also Tex. R. App. P. 52. In the petition, relators ask this court to compel the Honorable Angela Ellis, associate judge of the 315th District Court of Harris County, to transfer venue in their petition for adoption from Harris County to Waller County. Because this court lacks jurisdiction over an associate judge, we dismiss the petition for writ of mandamus.

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 within the district of the court of appeals, and (2) all writs necessary to enforce the jurisdiction of the court of appeals. Tex. Gov’t Code § 22.221. We do not have jurisdiction over an associate judge. See In re Tex. Dep’t of Family & Protective Servs., 348 S.W.3d 492, 495 (Tex. App.—Fort Worth 2011, orig. proceeding); In re J.W.B., No. 14-12-00410-CV, 2012 WL 1695208, at *1 (Tex. App.—Houston [14th Dist.] May 15, 2012, orig. proceeding) (per curiam) (mem. op.).

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

PER CURIAM

Panel consists of Justices Brown, Christopher, and Donovan.