Friday, April 20, 2012

Court of Appeals says it has no mandamus jurisdiction over associate judge

Associate judge's ruling in family/juvenile district court cannot be attacked in the court of appeals.
[The 14th Court of Appeals’] mandamus jurisdiction is governed by section 22.221 of the Texas Government Code. Section 22.221 expressly limits the mandamus jurisdiction of the courts of appeals to: (1) writs against a district court judge or county court judge in the court of appeals’ district, and (2) all writs necessary to enforce the court of appeals’ jurisdiction. Tex. Gov’t Code Ann. § 22.221.
We do not have jurisdiction over an associate judge. In re Texas Dept. of Family and Protective Servs., 348 S.W.3d 492, 495 (Tex. App.—Fort Worth 2011, orig. proceeding); In re Reynolds, No. 14-11-00002-CV; 2011 WL 32208 (Tex. App.—Houston [14th Dist.] Jan. 4, 2011, orig. proceeding) (mem. op.).
Accordingly, the petition for writ of mandamus is ordered dismissed and relator’s request for stay is denied.

SOURCE: fourteenth court of appeals – Houston - 14-12-00342-CV - 4/19/12  [The appellate court does not mention the right to appeal associate judge’s ruling to the presiding judge of the district court.]

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