IN THE TENTH COURT OF APPEALS

No. 10-10-00216-CV IN RE DAVID LEE SUGARS

Original Proceeding

MEMORANDUM OPINION

Relator David Sugars has filed a petition for writ of mandamus, complaining that Associate Judge Lisa Hubacek of the Second Administrative Judicial Region and County Court at Law No. 1 of Brazos County, has abused her discretion by failing to rule on and grant Relator’s motion to transfer venue in the underlying SAPCR suit. See TEX. FAM. CODE ANN. § 155.201(b) (Vernon 2008).

We do not have mandamus jurisdiction over an associate judge. See TEX. GOV’T CODE ANN. § 22.221(b) (Vernon 2004) (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 the petition for want of jurisdiction.

REX D. DAVIS Justice Before Chief Justice Gray, Justice Reyna, and Justice Davis Petition dismissed Opinion delivered and filed August 4, 2010 [OT06]

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