Court of Civil Appeals of Texas, 2023

In Re Carmen Maria Montiel v. the State of Texas

In Re Carmen Maria Montiel v. the State of Texas
Court of Civil Appeals of Texas · Decided December 19, 2023

In Re Carmen Maria Montiel v. the State of Texas

Opinion

Opinion issued December 19, 2023

In The Court of Appeals For The First District of Texas ———————————— NO. 01-23-00893-CV ——————————— IN RE CARMEN MARIA MONTIEL, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION Relator Carmen Maria Montiel seeks a writ of mandamus to compel the real parties in interest, Harris County Clerk Marilyn Burgess and Director of the Harris County Clerk’s Office Joe Belalcazar, to accept a filing fee and certify that it has been timely received.

This Court’s mandamus jurisdiction is governed by the Government Code. See TEX. GOV’T CODE § 22.221. A court of appeals may issue writs of mandamus against (1) a judge of a district, statutory county, statutory probate county, or county court in the court of appeals district; (2) a judge of a district court who is acting as a magistrate at a court of inquiry under Chapter 52 of the Code of Criminal Procedure in the court of appeals district; or (3) an associate judge of a district or county court appointed by a judge under Chapter 201 of the Family Code in the court of appeals district for the judge who appointed the associate judge. Id. § 22.221(b). The courts of appeals also may issue all writs necessary to enforce the court of appeals’ jurisdiction. Id. § 22.221(a).

The real parties are not specified in section 22.221. Moreover, relator has not shown that the issuance of a writ compelling the requested relief is necessary to enforce our appellate jurisdiction. See id. § 22.221(a). Accordingly, we lack jurisdiction to issue a writ of mandamus against these real parties. See In re Johnson, No. 01-06-00805-CV, 2007 WL 2963685, at *1 (Tex. App.—Houston [1st Dist.] Oct. 11, 2007, orig. proceeding) (mem. op.). We therefore dismiss relator’s petition for lack of jurisdiction.

PER CURIAM Panel consists of Chief Justice Adams and Justices Landau and Rivas-Molloy.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.