Court of Civil Appeals of Texas, 2024

In Re M.L.L.-R v. the State of Texas

In Re M.L.L.-R v. the State of Texas
Court of Civil Appeals of Texas · Decided August 22, 2024

In Re M.L.L.-R v. the State of Texas

Opinion

Opinion issued August 22, 2024

In The Court of Appeals For The First District of Texas ———————————— NO. 01-24-00603-CV ——————————— IN RE M.L.L.-R., RELATOR

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION Relator, parent of a minor child, has filed a petition for writ of mandamus requesting that this Court compel Valley Oaks Elementary School and Spring Branch Independent School District to “perform [their] statutory duty by promptly granting [relator’s] petition to repeat grade.”

“Except to protect our jurisdiction, our authority to issue writs of mandamus is limited to district and county court judges.” Jenness v. Daggett, No. 01-88-01031- CV, 1988 WL 125197, 1 (Tex. App.—Houston [1st Dist.] Nov. 23, 1988, no writ); see also TEX. GOV’T CODE § 22.221. There is no underlying lawsuit to compel the elementary school or the school district to act, thus mandamus would not serve to protect our jurisdiction. And, we have no jurisdiction otherwise to mandamus the elementary school or the school district. See id. Accordingly, we dismiss the petition for writ of mandamus for lack of jurisdiction.

PER CURIAM Panel consists of Chief Justice Adams and Justices Hightower and Countiss.

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