in Re: Joshua Lapaul Walton ( 2020 )


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  • DISMISS; Opinion Filed January 24, 2020
    In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-20-00024-CV
    IN RE JOSHUA LAPAUL WALTON, Relator
    Original Proceeding from the 256th Judicial District Court
    Dallas County, Texas
    Trial Court Cause No. DF-15-19709
    MEMORANDUM OPINION
    Before Justices Schenck, Partida-Kipness, and Nowell
    Opinion by Justice Nowell
    Before the Court is relator’s January 8, 2020 petition for writ of mandamus challenging
    certain orders and actions by the associate judge in the underlying suit affecting the parent-child
    relationship.
    We do not have mandamus jurisdiction over an associate judge. TEX. GOV’T CODE ANN.
    § 22.221(b) (providing for mandamus jurisdiction over a judge of a district or county court); In re
    Johnson, No. 05-16-00212-CV, 
    2016 WL 825732
    , at *1 (Tex. App—Dallas, March 3, 2016, orig.
    proceeding) (court lacked jurisdiction compelling associate judge to take action on motion to
    recuse); In re Oberheiden, No. 05–15–00565–CV, 
    2015 WL 2197958
    , at *1 (Tex. App.—Dallas
    May 11, 2015) (court lacked jurisdiction to grant writ of mandamus compelling associate judge to
    vacate order).
    We dismiss the petition for lack of jurisdiction.
    /Erin A. Nowell/
    ERIN A. NOWELL
    JUSTICE
    200024F.P05
    –2–
    

Document Info

Docket Number: 05-20-00024-CV

Filed Date: 1/24/2020

Precedential Status: Precedential

Modified Date: 1/27/2020