In Re M.L.L.-R v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 22, 2024
• Docket: 01-24-00603-CV
• Status: Published

Opinion

Opinion issued August 22, 2024

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-00603-CV ——————————— IN RE M.L.L.-R., RELATOR

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, parent of a minor child, has filed a petition for writ of mandamus

requesting that this Court compel Valley Oaks Elementary School and Spring

Branch Independent School District to “perform [their] statutory duty by promptly

granting [relator’s] petition to repeat grade.”

“Except to protect our jurisdiction, our authority to issue writs of mandamus

is limited to district and county court judges.” Jenness v. Daggett, No. 01-88-01031-

CV, 1988 WL 125197, 1 (Tex. App.—Houston [1st Dist.] Nov. 23, 1988, no writ); see also TEX. GOV’T CODE § 22.221. There is no underlying lawsuit to compel the

elementary school or the school district to act, thus mandamus would not serve to

protect our jurisdiction. And, we have no jurisdiction otherwise to mandamus the

elementary school or the school district. See id.

Accordingly, we dismiss the petition for writ of mandamus for lack of

jurisdiction.

PER CURIAM Panel consists of Chief Justice Adams and Justices Hightower and Countiss.