Opinion
NO. 14-14-00119-CV
02-13-2014
IN RE EDWARD R. NEWSOME, Relator
Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed February 13, 2014.
ORIGINAL PROCEEDING
WRIT OF MANDAMUS
151st District Court
Harris County, Texas
Trial Court Cause No. 2012-24410
MEMORANDUM OPINION
On February 4, 2014, relator Edward R. Newsome filed a petition for writ of mandamus in this Court. See Tex. Gov't Code Ann. § 22.221; see also Tex. R. App. P. 52. In the petition, relator asks that we compel Corina Teniete, Court Coordinator of the 151st District Court of Harris County, to reinstate his underlying case.
We interpret the document filed by relator as a petition for writ of mandamus. Although relator refers to the First Court of Appeals, the trial court cause number, to which he refers in his petition, 2012-24410, is related to prior proceedings relator filed in this court. See In re Newsome, Nos. 14-12-01083-CV & 14-12-01084-CV, 2012 WL 6163124 (Tex. App.— Houston [14th Dist.] Dec. 11, 2012, orig. proceeding) (mem. op.). Therefore, relator's petition was appropriately filed in this Court
Relator also included with his mandamus petition, an amended motion for leave to file a notice appeal pursuant to Rule 26.1. See Tex. R. App. P. 26.1. We forwarded relator's motion to the Harris County District Clerk to file the document and assign the appeal to this Court.
This Court's mandamus jurisdiction is governed by Section 22.221 of the Texas Government Code. Section 22.221 expressly limits the mandamus jurisdiction of the courts of appeals to: (1) writs against a district court judge or a county court judge in the court of appeals' district, and (2) all writs necessary to enforce the court of appeals' jurisdiction. Tex. Gov't Code Ann. § 22.221. The Court Coordinator of the 151st District Court is not a district court or county court judge in this Court's district, and relator has not shown that the issuance of a writ compelling the requested relief is necessary to enforce this Court's appellate jurisdiction. Therefore, we do not have jurisdiction to issue a writ of mandamus against the respondent.
Accordingly, relator's petition for writ of mandamus is ordered dismissed for lack of jurisdiction.
PER CURIAM Panel Consists of Justices Boyce, Christopher, and Brown.