Opinion
No. 04-17-00050-CV
04-12-2017
IN RE Jane SPERBER
This proceeding arises out of Cause No. 2016-PC-1067, styled In the Estate of Matthew A. Sperber, Deceased, pending in the Probate Court No 1, Bexar County, Texas, the Honorable Kelly Cross presiding.
ORDER
Sitting: Marialyn Barnard, Justice Rebeca C. Martinez, Justice Irene Rios, Justice
Relator filed a petition for writ of mandamus in this court on January 30, 2017. Pursuant to this court's request, the real party in interest filed a response on February 16, 2017. Relator filed a reply on February 27, 2017. After review, we have determined there is a question as to whether this court has jurisdiction over this matter. On April 5, 2017, the Texas Court of Criminal Appeals issued its opinion in In re Powell, No. WR-85,177-01 (Tex. Crim. App. Apr. 5, 2017) available at http://www.search.txcourts.gov/SearchMedia.aspx?MediaVersionID=2c4f5749-22b8-48fa-9c74-2a4d5c57b226&coa=coscca&DT=OPINION&MediaID=0c376d96-9dc4-4d5a-9e1b-418df79563. In that opinion, the court held "courts of appeals in Texas do not have jurisdiction to issue writs of mandamus against statutory county courts. Id. In this original proceeding now before this court, Relator is asking that we issue a writ of mandamus against the judge of Bexar County Probate Court Number One, a statutory county court. See TEX. GOV'T CODE ANN. § 25.0171(c)(1) (West Supp. 2016).
Accordingly, we ORDER Relator to file, on or before April 24, 2017, a response showing cause why this original proceeding should not be dismissed for want of jurisdiction. If Relator fails to satisfactorily respond within the time provided, the original proceeding will be dismissed. See TEX. R. APP. P. 42.3(a), (c). All deadlines in this matter are suspended until further order of the court.
It is so ORDERED on April 12, 2017.
PER CURIAM
ATTESTED TO: /s/_________
Keith E. Hottle, Clerk