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In re Sookma

Court of Appeals of Texas, First District, Houston
May 14, 2004
Nos. 01-03-00977-CV, 01-04-00059-CV (Tex. App. May. 14, 2004)

Opinion

Nos. 01-03-00977-CV, 01-04-00059-CV.

Opinion issued May 14, 2004.

Original Proceedings on Petitions for Writs of Mandamus.

Julia Ann Sookma, Houston, TX, for relator.

Hon. Lisa Millard, Trial Judge 310th District Court, Houston, TX, for respondent.

Cynthia J. Diggs Thompson, Holmes, Woods Diggs, Houston, TX, for real parties in interest.

Panel consists of Chief Justice RADACK and Justices JENNINGS and HIGLEY.


MEMORANDUM OPINION


Relator Julia A. Sookma has filed petitions for writs of mandamus complaining of Judge Mallard (appellate cause number 01-03-00977-CV) and Judge Squier (appellate cause number 01-04-00059-CV).

The Honorable Lisa A. Millard, judge of the 310th District Court of Harris County, Texas. The underlying lawsuit was Sookma v. Sookma, No. 2000-30119 (310th Dist. Ct., Harris County, Tex., Mar. 16, 2001), aff'd, No. 01-01-00529-CV (Tex. App.-Houston [1st Dist.] 2002, pet. denied) (not designated for publication).

The Honorable James A. Squier, judge of the 312th District Court of Harris County, Texas. Sookma claims that Judge Squier signed a divorce decree on March 16, 2001 while sitting in the 116th District Court of Dallas County, the same date on which the final decree was signed in the 310th District Court in cause number 2000-30119. Sookma also claims there was a garnishment action in Judge Squier's court.

In appellate cause number 01-03-00977-CV, Sookma complains of matters that relate to the 310th District Court's March 16, 2001 final decree in cause number 2000-30119. On October 24, 2002, this Court affirmed the trial court's decree. On April 24, 2003, the Texas Supreme Court denied Sookma's petition for review. On June 16, 2003, the Clerk of this Court issued the mandate. Sookma's claims are, therefore, precluded by the doctrine of res judicata.

In appellate cause number 01-04-00059-CV, Sookma complains of unspecified acts of Judge Squier. Neither of Sookma's petitions contain a mandamus record, so there is nothing for this Court to review. See Tex.R.App.P. 52.3(j) (requiring appendix containing certified or sworn copy of any order complained of, or any other document showing matter complained of); 52.7(a) (requiring record containing (a) certified or sworn copy of every document that is material to relator's claim for relief and that was filed in any underlying proceeding and (b) properly authenticated transcription of any relevant testimony from any underlying proceeding, including any exhibits offered in evidence, or a statement that no testimony was adduced in connection with the matter complained).

We deny the petitions for a writs of mandamus in appellate cause numbers 01-03-00977-CV and 01-04-00059-CV. In addition, we deny any pending motions.


Summaries of

In re Sookma

Court of Appeals of Texas, First District, Houston
May 14, 2004
Nos. 01-03-00977-CV, 01-04-00059-CV (Tex. App. May. 14, 2004)
Case details for

In re Sookma

Case Details

Full title:IN RE JULIA A. SOOKMA, Relator

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

Date published: May 14, 2004

Citations

Nos. 01-03-00977-CV, 01-04-00059-CV (Tex. App. May. 14, 2004)