Opinion
01-23-00893-CV
12-19-2023
IN RE CARMEN MARIA MONTIEL, Relator
Original Proceeding on Petition for Writ of Mandamus
Panel consists of Chief Justice Adams and Justices Landau and Rivas-Molloy.
MEMORANDUM OPINION
PER CURIAM
Relator Carmen Maria Montiel seeks a writ of mandamus to compel the real parties in interest, Harris County Clerk Marilyn Burgess and Director of the Harris County Clerk's Office Joe Belalcazar, to accept a filing fee and certify that it has been timely received.
This Court's mandamus jurisdiction is governed by the Government Code. See Tex. Gov't Code § 22.221. A court of appeals may issue writs of mandamus against (1) a judge of a district, statutory county, statutory probate county, or county court in the court of appeals district; (2) a judge of a district court who is acting as a magistrate at a court of inquiry under Chapter 52 of the Code of Criminal Procedure in the court of appeals district; or (3) an associate judge of a district or county court appointed by a judge under Chapter 201 of the Family Code in the court of appeals district for the judge who appointed the associate judge. Id. § 22.221(b). The courts of appeals also may issue all writs necessary to enforce the court of appeals' jurisdiction. Id. § 22.221(a).
The real parties are not specified in section 22.221. Moreover, relator has not shown that the issuance of a writ compelling the requested relief is necessary to enforce our appellate jurisdiction. See id. § 22.221(a). Accordingly, we lack jurisdiction to issue a writ of mandamus against these real parties. See In re Johnson, No. 01-06-00805-CV, 2007 WL 2963685, at *1 (Tex. App.-Houston [1st Dist.] Oct. 11, 2007, orig. proceeding) (mem. op.). We therefore dismiss relator's petition for lack of jurisdiction.