in Re R. Wayne Johnson
This text of 135 S.W.3d 764 (in Re R. Wayne Johnson) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
OPINION
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.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
135 S.W.3d 764, 2004 Tex. App. LEXIS 649, 2004 WL 98635, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-r-wayne-johnson-texapp-2004.