Opinion
No. 14-11-00329-CV
Opinion filed April 28, 2011.
Original Proceeding, Writ Of Mandamus.
Appealed from the 245th District Court, Harris County, Texas, Trial Court No. 2007-64129.
Panel consists of Chief Justice HEDGES and Justices SEYMORE and BOYCE.
MEMORANDUM OPINION
On April 18, 2011, relator, Chad A. Beverly, filed a petition for writ of mandamus in this Court. See Tex. Gov't Code § 22.221; see also Tex. R. App. P. 52.1. In his petition, realtor asks that we direct the District Clerk to furnish copies of documents filed in his 2008 divorce, pursuant to an open records request. See Tex. Gov't Code §§ 552.001-.353
This Court's mandamus jurisdiction is governed by section 22.221 of the Texas Government Code. Section 22.221 expressly limits the mandamus jurisdiction of the courts of appeals to: (1) writs against a district court judge or county court judge in the court of appeals' district, and (2) all writs necessary to enforce the court of appeals' jurisdiction. Tex. Gov't Code § 22.221.
This court does not have mandamus jurisdiction over a district clerk unless it is necessary to enforce the court's jurisdiction. See In re Washington, 7 S.W.3d 181, 182 (Tex. App.-Houston [1st Dist.] 1999, orig. proceeding) (mem. op.). Because the petition for writ of mandamus is directed toward the Harris County District Clerk and is not necessary to enforce this court's jurisdiction, we lack jurisdiction to grant the requested relief. See Tex. Gov't Code § 22.221(b)(1).
Accordingly, the petition for writ of mandamus is ordered dismissed.