IN RE: Refugio Vela (2016)

MEMORANDUM OPINION

Relator, Refugio Vela, Jr., has filed a petition for a writ of mandamus, contending that the Harris County District Clerk has not performed his ministerial duties to receive and file papers, respond to correspondence, or “transmit documents to be served” in the trial court proceeding.¹

This Court does not have jurisdiction to grant relator's requested relief.  By statute, we have the authority only to issue a writ of mandamus against a district court judge or a county court judge within the Court's jurisdiction, and may issue all writs necessary to enforce this Court's appellate jurisdiction.  See Tex. Gov't Code Ann. § 22.221(a)–(b) (West 2004).  We do not have jurisdiction to issue a writ of mandamus against a district clerk except to protect our jurisdiction.  See In re Smith, 263 S.W.3d 93, 95 (Tex.App.—Houston [1st Dist.] 2006, orig. proceeding) (citing In re Washington, 7 S.W.3d 181, 182 (Tex.App.—Houston [1st Dist.] 1999, orig. proceeding)).

Accordingly, we dismiss the petition for lack of jurisdiction.

FOOTNOTES

1.   The respondent is the Honorable Chris Daniel, Harris County District Clerk.  The underlying proceeding is cause number 2015–32658, Refugio Vela, Jr. v. Center Point Energy, in the 190th District Court of Harris County.

PER CURIAM