in Re Loyd Landon Sorrow ( 2015 )


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  • Opinion issued June 25, 2015
    In The
    Court of Appeals
    For The
    First District of Texas
    ————————————
    NO. 01-15-00536-CV
    ———————————
    IN RE LOYD LANDON SORROW, Relator
    Original Proceeding on Petition for Writ of Mandamus
    MEMORANDUM OPINION
    Relator, Loyd Landon Sorrow, proceeding pro se and incarcerated, has filed
    a motion for leave to file a petition for writ of mandamus with his petition seeking
    to compel the respondent trial court to vacate its order granting a transfer of venue
    to Brazoria County of his underlying civil suit, filed in Travis County under Texas
    Health and Safety Code § 611.005, and to compel it to transfer venue to Travis or
    Harris County.1 We dismiss the petition for want of jurisdiction.
    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) writs necessary to enforce the jurisdiction of the court of appeals;
    and (2) writs against specified district or county court judges in the court of
    appeals district. TEX. GOV’T CODE ANN. §§ 22.221(a), (b) (West Supp. 2014). We
    lack jurisdiction to issue the requested writ against the respondent, listed as the
    419th District Court of Travis County, because this Court neither has jurisdiction
    over the district courts of Travis County nor is such a writ necessary to enforce this
    Court’s appellate jurisdiction. See id.; see also TEX. GOV’T CODE ANN. §22.201(b)
    (West Supp. 2014); cf. In re McGee, 
    213 S.W.3d 405
    , 405–06 (Tex. App.—
    Houston [1st Dist.] 2006, orig. proceeding) (dismissing mandamus petition,
    seeking relief against Walker County officials, for want of jurisdiction). The Third
    Court of Appeals in Austin has jurisdiction over Travis County district courts. See
    TEX. GOV’T CODE ANN. §§ 22.201(d), 22.204(a) (West Supp. 2014).
    Accordingly, relator’s petition for a writ of mandamus is dismissed for want
    of jurisdiction. We dismiss relator’s motion for leave to file a petition as moot.
    1
    The underlying original case, as listed by relator, is Loyd Landon Sorrow v. Harris
    County Sheriffs Department, et al., Cause No. D-1-GN-11-003739, in the 419th
    District Court of Travis County, Texas, which is listed as the respondent.
    2
    PER CURIAM
    Panel consists of Chief Justice Radack and Justices Higley and Massengale.
    3
    

Document Info

Docket Number: 01-15-00536-CV

Filed Date: 6/25/2015

Precedential Status: Precedential

Modified Date: 6/26/2015