Court of Civil Appeals of Texas, 2019

in Re Craig MacK

in Re Craig MacK
Court of Civil Appeals of Texas · Decided June 6, 2019

in Re Craig MacK

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-19-00374-CV

In re Craig Mack

ORIGINAL PROCEEDING FROM ANDERSON COUNTY

MEMORANDUM OPINION

Relator has filed a pro se petition for writ of mandamus complaining that the presiding judge of the 369th District Court of Anderson County has refused to rule on his motion to transfer venue in the underlying case to Travis County. By statute, this Court has the authority to issue a writ of mandamus against “a judge of a district, statutory county, statutory probate county, county court in the court of appeals district” and other writs as necessary to enforce our appellate jurisdiction. See Tex. Gov’t Code § 22.221 (emphasis added). This Court does not have mandamus jurisdiction over any court officials of Anderson County, which lies outside of our appellate district. See id. § 22.201(d) (listing counties that compose the Third Court of Appeals District). Nor has relator demonstrated that the exercise of our writ power is necessary to enforce our appellate jurisdiction. See id. § 22.221(a).

Accordingly, the petition is dismissed for want of jurisdiction. _________________________________________ Chari L. Kelly, Justice Before Chief Justice Rose, Justices Kelly and Smith Filed: June 6, 2019

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