Court of Civil Appeals of Texas, 2013

in Re Alberto Roman Gonzalez

in Re Alberto Roman Gonzalez
Court of Civil Appeals of Texas · Decided April 24, 2013

in Re Alberto Roman Gonzalez

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-13-00232-CV IN RE Alberto Roman GONZALEZ Original Mandamus Proceeding 1 PER CURIAM Sitting: Catherine Stone, Chief Justice Sandee Bryan Marion, Justice Rebeca C. Martinez, Justice Delivered and Filed: April 24, 2013 PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION On April 11, 2013, Relator Alberto Roman Gonzalez filed what is entitled “Suit in Equity for the Enforcement of a Breach of Trust,” in part seeking mandamus relief. However, by statute, this court only has the authority to issue a writ of mandamus against a “judge of a district or county court in the court of appeals district” and other writs as necessary to enforce our appellate jurisdiction. See TEX. GOV=T CODE ANN. § 22.221(a)-(b) (West 2004). We conclude the relief Gonzalez is requesting is not directed at a district or county court in our district and it is not necessary to enforce our appellate jurisdiction. Accordingly, the petition for writ of mandamus is DISMISSED FOR LACK OF JURISDICTION.

PER CURIAM

There is no pending trial court proceeding.

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