in Re: Joe G. Vera and Florentino Morales, Relators ( 2002 )


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  •                                      NO. 07-02-0083-CV
    IN THE COURT OF APPEALS
    FOR THE SEVENTH DISTRICT OF TEXAS
    AT AMARILLO
    PANEL A
    FEBRUARY 14, 2002
    ______________________________
    IN RE JOE G. VERA AND FLORENTINO MORALES
    _________________________________
    Before BOYD, C.J., and REAVIS and JOHNSON, JJ.
    Relators Joe G. Vera and Florentino Morales have filed an original petition for writ
    of mandamus requesting that we order the Respondent, Eldon Moody, Chairman of the
    Dawson County Democratic Party, to place Joe G. Vera on the ballot for County Judge,
    and to place Florentino Morales on the ballot for Precinct 2 County Commissioner for the
    2002 Dawson County Democratic Primary. For the reasons expressed, we dismiss the
    petition for lack of jurisdiction.
    The Texas Constitution provides that the Courts of Appeals have appellate
    jurisdiction co-extensive with the limits of their respective districts. Tex. Const. art. V § 6.
    Section 22.201 of the Government Code sets forth the counties comprising each of the
    fourteen court of appeals districts in the state of Texas. Tex. Gov’t Code Ann. § 22.201
    (Vernon 1988). However, Dawson County does not fall within the counties comprising the
    Seventh Court of Appeals District. 
    Id. § 22.201(h).
    Furthermore, this matter was not
    transferred to this court by order of the Supreme Court of Texas. That being so, we have
    no jurisdiction to consider the matter. See Hogan v. G., C. & S.F. Ry. Co., 
    411 S.W.2d 815
    , 816 (Tex.Civ.App.--Beaumont 1966, writ ref’d).
    Accordingly, the appeal must be and hereby is dismissed. Having been notified by
    relators that they are in agreement with this dismissal, no motion for rehearing will be
    entertained, and our mandate will issue forthwith.
    John T. Boyd
    Chief Justice
    Do not publish.
    2
    

Document Info

Docket Number: 07-02-00083-CV

Filed Date: 2/14/2002

Precedential Status: Precedential

Modified Date: 9/7/2015