in Re John Doggett, M.D., Independent of the Estate of Jerry Lloyd Doggett ( 2019 )

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
No. 06-19-00081-CV
IN RE JOHN DOGGETT, M.D., INDEPENDENT EXECUTOR OF THE
ESTATE OF JERRY LLOYD DOGGETT
Original Mandamus Proceeding
Before Morriss, C.J., Burgess and Stevens, JJ.
Memorandum Opinion by Chief Justice Morriss
MEMORANDUM OPINION
John Doggett, M.D., Independent Executor of the Estate of Jerry Lloyd Doggett, has filed
a petition for writ of mandamus asking this Court to order the Honorable Janice Stone, sitting as
the County Court of Law of Cherokee County, to vacate the trial court’s order, which he contends
is void.
Section 22.221 of the Texas Government Code provides that “[e]ach court of appeals for a
court of appeals district may issue all writs of mandamus, agreeable to the principles of law
regulating those writs, against: . . . (1) a judge of a district, statutory county, statutory probate
county, or county court in the court of appeals district.” See TEX. GOV’T CODE
ANN. § 22.221(b)(1) (Supp.). The County Court at Law of Cherokee County is not located within
our district. TEX. GOV’T CODE ANN. § 22.201(g) (Supp.). It is located within the district of the
Tyler Court of Appeals. See TEX. GOV’T CODE ANN. § 22.201(m) (Supp.). Although Doggett’s
underlying civil appeal was transferred to this Court pursuant to the Texas Supreme Court’s docket
equalization order, such transfer does not confer jurisdiction on this Court in a separate original
proceeding. See In re Davis, 87 S.W.3d 794, 795 (Tex. App.— Texarkana 2002, orig. proceeding).
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We, therefore, dismiss the petition for writ of mandamus for want of jurisdiction.
Josh R. Morriss III
Chief Justice
Date Submitted: August 29, 2019
Date Decided: August 30, 2019
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