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In re Calberg

Court of Appeals of Texas, Fourteenth District, Houston
Jun 25, 2010
Nos. 14-10-00546-CR, NO. 14-10-00547-CR (Tex. App. Jun. 25, 2010)

Opinion

Nos. 14-10-00546-CR, NO. 14-10-00547-CR

Opinion filed June 25, 2010. DO NOT PUBLISH — Tex. R. App. P. 47.2(b).

Original Proceeding Writ of Mandamus.

Panel consists of Chief Justice HEDGES and Justices YATES and BOYCE.


MEMORANDUM OPINION


On June 16, 2010, relator, James Calberg, filed a petition for writ of mandamus in this Court. See Tex. Gov't Code Ann. § 22.221 (Vernon 2004); see also Tex. R. App. P. 52. Relator names the Harris County District Clerk and the Harris County District Attorney as respondents. A court of appeals has no general writ power over a person — other than a judge of a district or county court — unless issuance of the writ is necessary to enforce the court's jurisdiction. See Tex. Gov't Code Ann. § 22.221. A court of appeals has no jurisdiction to issue a writ of mandamus against a district clerk or a district attorney unless necessary to enforce its jurisdiction. In re Washington, 7 S.W.3d 181, 182 (Tex. App.-Houston [1st Dist.] 1999, orig. proceeding); Garner v. Gately, 909 S.W.2d 61, 62 (Tex. App.-Waco 1995, orig. proceeding). Relator has not shown that a writ of mandamus directed to the district clerk or the district attorney is necessary to enforce our jurisdiction. Therefore, we do not have jurisdiction to issue a writ of mandamus against the district clerk or the district attorney. Accordingly, relator's petition for writ of mandamus is ordered dismissed for lack of jurisdiction.


Summaries of

In re Calberg

Court of Appeals of Texas, Fourteenth District, Houston
Jun 25, 2010
Nos. 14-10-00546-CR, NO. 14-10-00547-CR (Tex. App. Jun. 25, 2010)
Case details for

In re Calberg

Case Details

Full title:IN RE JAMES CALBERG, Relator

Court:Court of Appeals of Texas, Fourteenth District, Houston

Date published: Jun 25, 2010

Citations

Nos. 14-10-00546-CR, NO. 14-10-00547-CR (Tex. App. Jun. 25, 2010)