in Re John Edward Letkiewicz ( 2019 )


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  • Opinion issued August 29, 2019
    In The
    Court of Appeals
    For The
    First District of Texas
    ————————————
    NO. 01-19-00635-CV
    ———————————
    IN RE COMMITMENT OF JOHN EDWARD LETKIEWICZ, Relator
    Original Proceeding on Petition for Writ of Mandamus
    MEMORANDUM OPINION
    Relator, John Edward Letkiewicz, has filed a pro se petition for a writ of
    mandamus seeking to compel the respondent district court, the 435th District Court
    of Montgomery County, to correct his Amended Order of Civil Commitment.1 We
    dismiss the petition for want of jurisdiction.
    1
    The underlying case is In re: The Commitment of John Edward Letkiewicz, Cause
    No. 13-04-04026-CV, in the 435th District Court of Montgomery County, Texas,
    the Honorable Patty Maginnis presiding. This Court affirmed relator’s judgment in
    a direct appeal that was transferred here by the Texas Supreme Court from the Ninth
    Court of Appeals. See In re Commitment of Letkiewicz, No. 01-13-00919-CV, 2014
    This Court’s mandamus jurisdiction is governed by Texas Government Code
    Section 22.221, which expressly limits the mandamus jurisdiction of the courts of
    appeals to: (1) issuance of writs of mandamus against a district court judge, statutory
    county judge, statutory probate county judge, county court judge, or associate judge
    appointed under Chapter 201 of the Family Code, in the court of appeals district, and
    (2) issuance of writs of mandamus necessary to enforce our appellate jurisdiction.
    See TEX. GOV’T CODE ANN. § 22.221(a)–(b) (West 2018). We lack jurisdiction to
    issue the requested writ against the respondent, the 435th District Court of
    Montgomery County, because this Court neither has jurisdiction over the district
    courts of Montgomery County nor is such a writ necessary to enforce this Court’s
    appellate jurisdiction. See TEX. GOV’T CODE ANN. § 22.221(a), (b)(1); see also TEX.
    GOV’T CODE ANN. § 22.201(j) (West 2018); In re Sorrow, No. 01-15-00536-CV,
    
    2015 WL 3903515
    , at *1 (Tex. App.—Houston [1st Dist.] June 25, 2015, orig.
    proceeding) (per curiam) (mem. op.) (dismissing mandamus petition for want of
    jurisdiction because it sought relief against Travis County district court). The Ninth
    Court of Appeals in Beaumont has jurisdiction over Montgomery County district
    courts. See TEX. GOV’T CODE ANN. §§ 22.201(j), 22.210(a) (West 2018).
    WL 2809819, at *1 n.1 (Tex. App.—Houston [1st Dist.] June 19, 2014, pet. dism’d
    w.o.j.) (mem. op.).
    2
    Accordingly, relator’s petition for a writ of mandamus is dismissed for want
    of jurisdiction.
    PER CURIAM
    Panel consists of Chief Justice Radack and Justices Keyes and Higley.
    3
    

Document Info

Docket Number: 01-19-00635-CV

Filed Date: 8/29/2019

Precedential Status: Precedential

Modified Date: 8/30/2019