in Re Wilma Reynolds

• Court: Court of Appeals of Texas
• Decided: January 4, 2011
• Docket: 14-11-00002-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed January 4, 2011.

In The

Fourteenth Court of Appeals

____________

NO. 14-11-00002-CV

IN RE WILMA REYNOLDS, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

300th District Court

Brazoria County, Texas

Trial Court No. 48170 

M E M O R A N D U M   O P I N I O N

            On January 3, 2011, relator Wilma Reynolds filed a petition for writ of mandamus in this court.  See Tex. Gov’t Code § 22.221; see also Tex. R. App. P. 52.  Relator complains that respondent, the Honorable James Robertson, an associate judge for the 300th District Court of Brazoria County, abused his discretion in quashing discovery subpoenas issued in a modification proceeding pending in cause number 48170.  Relator also filed an emergency motion seeking a stay of hearings scheduled for January 5, 2011, and February 2, 2011.  See Tex. R. App. P. 52.10(a).  We deny the motion.

We do not have mandamus jurisdiction over an associate judge.  See Tex. Gov't Code § 22.221(b) (providing for mandamus jurisdiction over a judge of a district or county court); In re Walker, No. 01-08-00253-CV, 2008 WL 1830400 (Tex. App.—Houston [1st Dist.] Apr. 18, 2008, orig. proceeding) (mem. op.); see also In re Walker, 265 S.W.3d 545, 547 n. 8 (Tex. App.—Houston [1st Dist.] 2008, orig. proceeding).

Accordingly, we dismiss relator’s petition for writ of mandamus.

                                                                        PER CURIAM

Panel consists of Chief Justice Hedges and Justices Frost and Christopher.