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In re Brawner

Court of Appeals of Texas, Fourth District, San Antonio
Jul 27, 2022
No. 04-22-00443-CV (Tex. App. Jul. 27, 2022)

Opinion

04-22-00443-CV

07-27-2022

IN RE Matthew BRAWNER


Original Proceeding

PETITION FOR WRIT OF MANDAMUS DISMISSED FOR WANT OF JURISDICTION

Sitting: Rebeca C. Martinez, Chief Justice Irene Rios, Justice Lori I. Valenzuela, Justice

MEMORANDUM OPINION

PER CURIAM

On July 20, 2022, relator Matthew Brawner filed a petition for a writ of mandamus seeking to compel the Sheriff of Bandera County, Texas to perform certain acts. This court has the authority to issue a writ of mandamus "against a judge of a district or county court in the court of appeals district and other writs as necessary to enforce our appellate jurisdiction." In re Lann, No. 04-04-00564-CV, 2004 WL 1881751, at *1 (Tex. App.-San Antonio Aug. 25, 2004, orig. proceeding) (mem. op.) (citing Tex. Gov't Code Ann. § 22.221) (internal quotations omitted). Brawner has not cited any authority, and we are unaware of any, that evidences a writ of mandamus may be issued to command a county Sheriff to act. Further, Brawner has made no such allegation or showing that a writ of mandamus is necessary here to enforce this court's jurisdiction.

After considering the petition, this court concludes it is without jurisdiction over this petition. See Tex. Gov't Code § 22.221. Accordingly, the petition for writ of mandamus is dismissed.


Summaries of

In re Brawner

Court of Appeals of Texas, Fourth District, San Antonio
Jul 27, 2022
No. 04-22-00443-CV (Tex. App. Jul. 27, 2022)
Case details for

In re Brawner

Case Details

Full title:IN RE Matthew BRAWNER

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Jul 27, 2022

Citations

No. 04-22-00443-CV (Tex. App. Jul. 27, 2022)