in Re Refugio Vela, Jr.

• Court: Court of Appeals of Texas
• Decided: February 18, 2016
• Docket: 01-15-01107-CV
• Status: Published

Opinion

Opinion issued February 18, 2016

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-15-01107-CV ——————————— IN RE REFUGIO VELA, JR., Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, Refugio Vela, Jr., has filed a petition for a writ of mandamus,

contending that the Harris County District Clerk has not performed his ministerial

duties to receive and file papers, respond to correspondence, or “transmit documents

to be served” in the trial court proceeding.1

1 The respondent is the Honorable Chris Daniel, Harris County District Clerk. The underlying proceeding is cause number 2015-32658, Refugio Vela, Jr. v. Center Point Energy, in the 190th District Court of Harris County. This Court does not have jurisdiction to grant relator’s requested relief. By

statute, we have the authority only to issue a writ of mandamus against a district

court judge or a county court judge within the Court’s jurisdiction, and may issue all

writs necessary to enforce this Court’s appellate jurisdiction. See TEX. GOV’T CODE

ANN. § 22.221(a)–(b) (West 2004). We do not have jurisdiction to issue a writ of

mandamus against a district clerk except to protect our jurisdiction. See In re Smith,

263 S.W.3d 93, 95 (Tex. App.—Houston [1st Dist.] 2006, orig. proceeding) (citing

In re Washington, 7 S.W.3d 181, 182 (Tex. App.—Houston [1st Dist.] 1999, orig.

proceeding)).

Accordingly, we dismiss the petition for lack of jurisdiction.

PER CURIAM

Panel consists of Justices Jennings, Keyes, and Bland.