Court of Civil Appeals of Texas, 2010

in Re Wendi Mae Davidson

in Re Wendi Mae Davidson
Court of Civil Appeals of Texas · Decided May 26, 2010

in Re Wendi Mae Davidson

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.





__________________________________________

Jan P. Patterson, Justice

Before Justices Patterson, Puryear and Henson

Filed: May 26, 2010

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