in Re Sonia Reyna ( 2013 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-13-00655-CV
IN RE Sonia REYNA
Original Mandamus Proceeding 1
PER CURIAM
Sitting: Karen Angelini, Justice
Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
Delivered and Filed: October 9, 2013
PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION
On September 30, 2013, relator Sonia Reyna 2 filed a petition for writ of mandamus
complaining of the associate judge’s order granting temporary managing conservatorship of
relator’s children to the Texas Department of Family and Protective Services. By statute, this court
may only issue a writ of mandamus against a “judge of a district or county court in the court of
appeals district” and other writs as necessary to enforce our appellate jurisdiction. See TEX. GOV’T
CODE ANN. § 22.221(a)-(b) (West 2004). Although a copy of the order complained of was not
provided with the petition, relator asserts the order was signed by the associate judge. We do not
have jurisdiction to issue a writ of mandamus against an associate judge. In re Texas Dep’t of
1
This proceeding arises out of Cause No. 2013PA01789, styled In the Interest of J.L., et al., Children, pending in the
166th Judicial District Court, Bexar County, Texas, the Honorable Associate Judge Charles E. Montemayor presiding.
2
Relator styled her petition, “In the Interest of J.P., et al., Children.” The petition, however, is not brought on behalf
of the minor children. In a petition for writ of mandamus, the party seeking relief is the relator. TEX. R. APP. P. 52.2.
The proper style, therefore, is In re Sonia Reyna.
04-13-00655-CV
Family and Protective Servs., 348 S.W.3d 492, 495 (Tex. App.—Fort Worth 2011, orig.
proceeding). Accordingly, we dismiss relator’s petition for writ of mandamus for lack of
jurisdiction.
PER CURIAM
-2-