in Re Wendi Mae Davidson

• Court: Court of Appeals of Texas
• Decided: May 26, 2010
• Docket: 03-10-00252-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-10-00252-CV In re Wendi Mae Davidson

ORIGINAL PROCEEDING FROM TOM GREEN COUNTY M E M O R A N D U M O P I N I O N

Wendi Mae Davidson petitions for a writ of mandamus directing the Tom Green County district clerk to file Davidson's petition to modify the parent-child relationship and related motions. A court of appeals has no jurisdiction to issue a writ of mandamus against a district clerk unless necessary to enforce its jurisdiction. Tex. Gov't Code Ann. § 22.221(a) (West 2004); In re Washington, 7 S.W.3d 181, 182 Tex. App.--Houston [1st Dist.] 1999, orig. proceeding). Issuance of citation does not implicate this Court's jurisdiction. It does implicate the jurisdiction of the district court, and Davidson may seek relief in that court. See Tex. Gov't Code Ann. § 24.011 (West 2004). The petition for writ of mandamus is denied.

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Jan P. Patterson, Justice

Before Justices Patterson, Puryear and Henson

Filed: May 26, 2010