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In re Miller

Court of Appeals of Texas, Fourteenth District, Houston
Apr 15, 2010
No. 14-10-00285-CV (Tex. App. Apr. 15, 2010)

Opinion

No. 14-10-00285-CV

Opinion filed April 15, 2010. DO NOT PUBLISH — Tex. R. App. P. 47.2(b).

Original Proceeding, Writ of Mandamus.

Panel consists of Justices BROWN, SULLIVAN, and CHRISTOPHER.


MEMORANDUM OPINION


On April 1, 2010, relator, Allen Roy Miller, 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. In the petition, relator asks this Court to compel the respondent, Loren Jackson, Harris County District Clerk, to issue citation and serve the defendants in the underlying suit filed by relator. 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 unless necessary to enforce our jurisdiction. In re Washington, 7 S.W.3d 181, 182 (Tex. App.-Houston [1st Dist.] 1999, orig. proceeding). Relator has not shown that a writ of mandamus directed to the district clerk is necessary to enforce our jurisdiction. Therefore, we do not have jurisdiction to issue a writ of mandamus against the district clerk. See In re Dunn, 120 S.W.3d 913 (Tex. App.-Texarkana 2003, orig. proceeding) (holding court of appeals did not have jurisdiction to issue writ of mandamus to compel district clerk to issue citation). Accordingly, relator's petition for writ of mandamus is dismissed for lack of jurisdiction.

We note, however, that the district courts have the power to issue writs to enforce their jurisdiction. Tex. Gov't Code Ann. § 24.011 (Vernon 2004); Easton v. Franks, 842 S.W.2d 772, 773-74 (Tex. App.-Houston [1st Dist.] 1992, orig. proceeding).


Summaries of

In re Miller

Court of Appeals of Texas, Fourteenth District, Houston
Apr 15, 2010
No. 14-10-00285-CV (Tex. App. Apr. 15, 2010)
Case details for

In re Miller

Case Details

Full title:IN RE ALLEN ROY MILLER, Relator

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

Date published: Apr 15, 2010

Citations

No. 14-10-00285-CV (Tex. App. Apr. 15, 2010)