Opinion
No. 11-12-00332-CV
11-29-2012
IN RE YCIDRO VILLAREAL, III
Original Mandamus Proceeding
MEMORANDUM OPINION
Relator, Ycidro Villareal, III, has filed a petition for writ of mandamus complaining that Colleen Barton, Howard County District Clerk, has failed to file his original petition for divorce. He seeks an order from this court compelling respondent to do so. We dismiss for want of jurisdiction.
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 (West 2004). A court of appeals has no jurisdiction to issue a writ of mandamus against a district clerk unless necessary to enforce its 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.
Accordingly, the petition for writ of mandamus is dismissed for want of jurisdiction.
PER CURIAM Panel consists of: Wright, C.J.,
McCall, J., and Hill.
John G. Hill, Former Chief Justice, Court of Appeals, 2nd District of Texas at Fort Worth, sitting by assignment.