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In re Dockery

Court of Appeals of Texas, Fourth District, San Antonio
Feb 28, 2007
No. 04-07-00113-CV (Tex. App. Feb. 28, 2007)

Opinion

No. 04-07-00113-CV

Filed: February 28, 2007.

Original Mandamus Proceeding.

This proceeding arises out of Cause Nos., N441615A, N441615B, N441615C, N441616A, N441616B, N441609A, N441609B, N441609C, N441610A, N441610B, N441601A, N441604A, N441604B, N441604C, N441606A, N441606B, N441617A, N441617B, N441617C, N441620A, N441620B, N441607A, N441607B, N441608A, N441608B, N441618A, N441618B, N441618C, N441605A, N441605B, N441611A, N441611B, N441612A, N441612B, N441619A, N441619B, N441619C, N441602A, N441602B, N441613A, N441613B, N441614A, N441614B, N441621A, N441621B, and N441603A styled The State of Texas v. Douglas E. Dockery, pending in San Antonio Municipal Court No. 7, Bexar County, Texas, the Honorable Monica Gonzalez presiding.

PETITION FOR WRIT OF MANDAMUS DISMISSED FOR WANT OF JURISDICTION.

Sitting: CATHERINE STONE, Justice, PHYLIS J. SPEEDLIN, Justice, REBECCA SIMMONS, Justice.


MEMORANDUM OPINION


Relator Douglas E. Dockery seeks a writ of mandamus compelling a municipal court judge to take action on various motions he has filed in a proceeding pending in that court. This court's mandamus jurisdiction is governed by section 22.221 of the Texas Government Code, which 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's district; and (2) all writs necessary to enforce the court of appeals's jurisdiction. Tex. Gov't Code Ann. § 22.221 (Vernon 2004). Thus, this court has no authority to issue a writ of mandamus against a municipal court judge unless it is necessary to enforce our jurisdiction. In re Chang, 176 S.W.3d 451, 452 (Tex.App.-Houston [1st Dist.] 2004, orig. proceeding). Relator does not argue that issuance of the writ is necessary to enforce this court's jurisdiction. Accordingly, the petition for writ of mandamus is dismissed for want of jurisdiction. See id.


Summaries of

In re Dockery

Court of Appeals of Texas, Fourth District, San Antonio
Feb 28, 2007
No. 04-07-00113-CV (Tex. App. Feb. 28, 2007)
Case details for

In re Dockery

Case Details

Full title:IN RE Douglas Edward DOCKERY

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

Date published: Feb 28, 2007

Citations

No. 04-07-00113-CV (Tex. App. Feb. 28, 2007)