IN RE: Wendi Mae Davidson

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Court of Appeals of Texas, Austin.

IN RE: Wendi Mae Davidson

NO. 03-10-00252-CV

Decided: May 26, 2010

Before Justices Patterson, Puryear and HensonBefore Justices Patterson, Puryear and Henson

M E M O R A N D U M O P I N I O N

Wendi Mae Davidson petitions for a writ of mandamus directing the Tom Green County district clerk to file Davidson's petition to modify the parent-child relationship and related motions.   A court of appeals has no jurisdiction to issue a writ of mandamus against a district clerk unless necessary to enforce its jurisdiction.  Tex. Gov't Code Ann. § 22.221(a) (West 2004);  In re Washington, 7 S.W.3d 181, 182 Tex.App.-Houston [1st Dist.] 1999, orig. proceeding).   Issuance of citation does not implicate this Court's jurisdiction.   It does implicate the jurisdiction of the district court, and Davidson may seek relief in that court.   See Tex. Gov't Code Ann. § 24.011 (West 2004).   The petition for writ of mandamus is denied.

M E M O R A N D U M O P I N I O N

Wendi Mae Davidson petitions for a writ of mandamus directing the Tom Green County district clerk to file Davidson's petition to modify the parent-child relationship and related motions.   A court of appeals has no jurisdiction to issue a writ of mandamus against a district clerk unless necessary to enforce its jurisdiction.  Tex. Gov't Code Ann. § 22.221(a) (West 2004);  In re Washington, 7 S.W.3d 181, 182 Tex.App.-Houston [1st Dist.] 1999, orig. proceeding).   Issuance of citation does not implicate this Court's jurisdiction.   It does implicate the jurisdiction of the district court, and Davidson may seek relief in that court.   See Tex. Gov't Code Ann. § 24.011 (West 2004).   The petition for writ of mandamus is denied.

Jan P. Patterson, Justice

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