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In re Martinez

Fourth Court of Appeals San Antonio, Texas
Jan 3, 2018
No. 04-17-00333-CV (Tex. App. Jan. 3, 2018)

Opinion

No. 04-17-00333-CV

01-03-2018

IN RE Maria Cecilia MARTINEZ


MEMORANDUM OPINION

Original Mandamus Proceeding PER CURIAM Sitting: Karen Angelini, Justice Marialyn Barnard, Justice Irene Rios, Justice DISMISSED

This proceeding arises out of Cause No. PR-06-004, styled In the Estate of Ignacia G. Gutierrez, pending in the County Court at Law, Starr County, Texas, the Honorable Romero Molina presiding.

On June 22, 2017, relator Maria Cecilia Martinez filed an amended motion for writ of mandamus in this court. See TEX. GOV'T CODE ANN. § 22.221 (West Supp. 2017); see also TEX. R. APP. P. 52. In the petition, relator asks this court to compel the Honorable Romero Molina, judge of the County Court at Law, Starr County, to set aside his January 26, 2017 and May 22, 2017 orders.

Effective September 1, 2017, the Texas Legislature expanded the courts of appeals' mandamus jurisdiction by amending Section 22.221(b)(1) of the Texas Government Code, to specifically include judges of statutory county and statutory probate courts in the list of judges against whom the courts of appeals may issue writs of mandamus. The County Court at Law for Starr County, Texas is a statutory county court. See TEX. GOV'T CODE ANN. § 25.2161 (West 2004). Although we have jurisdiction to issue a writ of mandamus against the judge of a statutory county court, the amendment "applies only to a proceeding seeking a writ of mandamus filed in a court of appeals under Section 22.221, Government Code, on or after the effective date of this Act." The underlying petition for writ of mandamus was filed before the September 1, 2017 effective date of the amendment. Therefore, we lack jurisdiction to issue the writ.

See TEX. GOV'T CODE ANN. § 22.221(b)(1) (providing that a court of appeals for a court of appeals district may issue a writ of mandamus against "a judge of a district, statutory county, statutory probate county, or county court in the court of appeals district").

Act of 2017, 85th Leg., R.S. ch. 740 (S.B. 1233), 2017 Tex. Sess. Law Serv. 740 (S.B. 1233).

Accordingly, we dismiss relator's petition for lack of jurisdiction.

PER CURIAM


Summaries of

In re Martinez

Fourth Court of Appeals San Antonio, Texas
Jan 3, 2018
No. 04-17-00333-CV (Tex. App. Jan. 3, 2018)
Case details for

In re Martinez

Case Details

Full title:IN RE Maria Cecilia MARTINEZ

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Jan 3, 2018

Citations

No. 04-17-00333-CV (Tex. App. Jan. 3, 2018)