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In re Davidson

Court of Appeals of Texas, Third District, Austin
May 26, 2010
No. 03-10-00252-CV (Tex. App. May. 26, 2010)

Opinion

No. 03-10-00252-CV

Filed: May 26, 2010.

Original Proceeding from Tom Green County.

Before Justices PATTERSON, PURYEAR and HENSON.


MEMORANDUM OPINION


Wendi Mae Davidson petitions for a writ of mandamus directing the Tom Green County district clerk to file Davidson's petition to modify the parent-child relationship and related motions. A court of appeals has no jurisdiction to issue a writ of mandamus against a district clerk unless necessary to enforce its jurisdiction. Tex. Gov't Code Ann. § 22.221(a) (West 2004); In re Washington, 7 S.W.3d 181, 182 Tex. App.-Houston [1st Dist.] 1999, orig. proceeding). Issuance of citation does not implicate this Court's jurisdiction. It does implicate the jurisdiction of the district court, and Davidson may seek relief in that court. See Tex. Gov't Code Ann. § 24.011 (West 2004). The petition for writ of mandamus is denied.


Summaries of

In re Davidson

Court of Appeals of Texas, Third District, Austin
May 26, 2010
No. 03-10-00252-CV (Tex. App. May. 26, 2010)
Case details for

In re Davidson

Case Details

Full title:In re Wendi Mae Davidson

Court:Court of Appeals of Texas, Third District, Austin

Date published: May 26, 2010

Citations

No. 03-10-00252-CV (Tex. App. May. 26, 2010)