In Re Carmen Maria Montiel v. the State of Texas

Opinion issued December 19, 2023




                                      In The

                              Court of Appeals
                                     For The

                          First District of Texas
                             ————————————
                              NO. 01-23-00893-CV
                            ———————————
                IN RE CARMEN MARIA MONTIEL, Relator



            Original Proceeding on Petition for Writ of Mandamus


                          MEMORANDUM OPINION

      Relator Carmen Maria Montiel seeks a writ of mandamus to compel the real

parties in interest, Harris County Clerk Marilyn Burgess and Director of the Harris

County Clerk’s Office Joe Belalcazar, to accept a filing fee and certify that it has

been timely received.

      This Court’s mandamus jurisdiction is governed by the Government Code.

See TEX. GOV’T CODE § 22.221. A court of appeals may issue writs of mandamus
against (1) a judge of a district, statutory county, statutory probate county, or

county court in the court of appeals district; (2) a judge of a district court who is

acting as a magistrate at a court of inquiry under Chapter 52 of the Code of

Criminal Procedure in the court of appeals district; or (3) an associate judge of a

district or county court appointed by a judge under Chapter 201 of the Family

Code in the court of appeals district for the judge who appointed the associate

judge. Id. § 22.221(b). The courts of appeals also may issue all writs necessary to

enforce the court of appeals’ jurisdiction. Id. § 22.221(a).

       The real parties are not specified in section 22.221. Moreover, relator has

not shown that the issuance of a writ compelling the requested relief is necessary to

enforce our appellate jurisdiction. See id. § 22.221(a).       Accordingly, we lack

jurisdiction to issue a writ of mandamus against these real parties. See In re

Johnson, No. 01-06-00805-CV, 

, at *1 (Tex. App.—Houston

[1st Dist.] Oct. 11, 2007, orig. proceeding) (mem. op.). We therefore dismiss

relator’s petition for lack of jurisdiction.



                                    PER CURIAM

Panel consists of Chief Justice Adams and Justices Landau and Rivas-Molloy.




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