in Re R. Wayne Johnson

Opinion issued January 22, 2004









In The

Court of Appeals

For the

First District of Texas

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NO. 01–04–00011–CV

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IN RE R. WAYNE JOHNSON, Relator





Original Proceeding on Petition for Writ of Mandamus





O P I N I O NOn January 12, 2004, relator R. Wayne Johnson filed a petition for a writ of mandamus complaining of Montgomery County District Clerk Barbara Gladden Adamick.

          A court of appeals or a justice of the court has jurisdiction to issue writs—other than writs of mandamus against a district or county court judge in the court of appeals district—only when necessary to enforce the jurisdiction of the appellate court. Tex. Gov’t Code Ann. § 22.221(a), (b) (Vernon Supp. 2004). Because (1) Montgomery County is in the Ninth Court of Appeals District, not in the First Court of Appeals District, (2) this is not a petition requesting this Court to issue a writ of mandamus against a district or county court judge, and (3) this is not a petition to enforce this Court’s jurisdiction, we have no subject-matter jurisdiction to issue a writ of mandamus directed at Clerk Adamick. See Tex. Gov’t Code Ann. § 22.201(b), (j) (Vernon Supp. 2004).

          Without reaching the merits of Johnson’s petition for a writ of mandamus, we dismiss it for want of jurisdiction.

 

PER CURIAM

Panel consists of Chief Justice Radack and Justices Jennings and Higley.