in Re R. Wayne Johnson

135 S.W.3d 764, 2004 Tex. App. LEXIS 649, 2004 WL 98635

Opinion

OPINION

PER CURIAM.

On January 12, 2004, relator R. Wayne Johnson filed a petition for a writ of mandamus complaining of Montgomery County District Clerk Barbara Gladden Adamick.

A court of appeals or a justice of the court has jurisdiction to issue writs — other than writs of mandamus against a district or county court judge in the court of appeals district — only when necessary to enforce the jurisdiction of the appellate court. Tex. Gov’t Code Ann. § 22.221(a), (b) (Vernon Supp.2004). Because (1) Montgomery County is in the Ninth Court of Appeals District, not in the First Court of Appeals District, (2) this is not a petition requesting this Court to issue a writ of mandamus against a district or county court judge, and (3) this is not a petition to enforce this Court’s jurisdiction, we have no subject-matter jurisdiction to issue a writ of mandamus directed at Clerk Adam-ick. See Tex. Gov’t Code Ann. § 22.201(b), (j) (Vernon Supp.2004).

Without reaching the merits of Johnson’s petition for a writ of mandamus, we dismiss it for want of jurisdiction.