in Re David Lee Sugars ( 2010 )

IN THE
TENTH COURT OF APPEALS
No. 10-10-00216-CV
IN RE DAVID LEE SUGARS
Original Proceeding
MEMORANDUM OPINION
Relator David Sugars has filed a petition for writ of mandamus, complaining that
Associate Judge Lisa Hubacek of the Second Administrative Judicial Region and
County Court at Law No. 1 of Brazos County, has abused her discretion by failing to
rule on and grant Relator’s motion to transfer venue in the underlying SAPCR suit. See
TEX. FAM. CODE ANN. § 155.201(b) (Vernon 2008).
We do not have mandamus jurisdiction over an associate judge. See TEX. GOV’T
CODE ANN. § 22.221(b) (Vernon 2004) (providing for mandamus jurisdiction over a
judge of a district or county court); In re Walker, No. 01-08-00253-CV, 2008 WL 1830400
(Tex. App.—Houston [1st Dist.] Apr. 18, 2008, orig. proceeding) (mem. op.); see also In re
Walker, 265 S.W.3d 545, 547 n.8 (Tex. App.—Houston [1st Dist.] 2008, orig. proceeding).
Accordingly, we dismiss the petition for want of jurisdiction.
REX D. DAVIS
Justice
Before Chief Justice Gray,
Justice Reyna, and
Justice Davis
Petition dismissed
Opinion delivered and filed August 4, 2010
[OT06]
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