Opinion issued February 18, 2016
In The
Court of Appeals
For The
First District of Texas
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NO. 01-15-01107-CV
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IN RE REFUGIO VELA, JR., Relator
Original Proceeding on Petition for Writ of Mandamus
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
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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.
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.
PER CURIAM
Panel consists of Justices Jennings, Keyes, and Bland.
2