Opinion
No. 06-04-00024-CV.
Submitted: February 17, 2004.
Decided: February 18, 2004.
Original Mandamus Proceeding.
Before MORRISS, C.J., ROSS and CARTER, JJ.
MEMORANDUM OPINION
Relator, Kenny Ray Evans, seeks the issuance of a writ of mandamus compelling the district clerk of Titus County, Texas, to issue citation in a case styled Evans v. Stacks, cause number 30713, filed in Titus County, Texas, and have the defendant in that case served with plaintiff's original petition.
Evans asserts that, on October 21, 2003, he filed suit with the district clerk's office in Titus County, Texas. Evans' lawsuit concerned a claim for personal injury. In the petition for writ of mandamus now pending before this Court, Evans contends the district clerk has refused to issue citation and have the defendant served with a copy of Evans' plaintiff's original petition. He asks this Court to compel the district clerk to issue the citation in the underlying civil suit and have the listed defendant served according to the Texas Rules of Civil Procedure.
This Court has jurisdiction to issue a writ of mandamus against "a judge of a district or county court in the court of appeals district." Tex. Gov't Code Ann. § 22.221(b) (Vernon Supp. 2004). The Legislature has not conferred authority on this Court to issue a writ of mandamus generally, and we do not have the authority in the context of these allegations to issue a writ of mandamus against a district clerk.
We lack jurisdiction to grant the requested relief. Accordingly, we dismiss the original proceeding for want of jurisdiction.