In Re Carmen Maria Montiel v. the State of Texas ( 2023 )

Opinion issued December 19, 2023
In The
Court of Appeals
For The
First District of Texas
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NO. 01-23-00893-CV
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IN RE CARMEN MARIA MONTIEL, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator Carmen Maria Montiel seeks a writ of mandamus to compel the real
parties in interest, Harris County Clerk Marilyn Burgess and Director of the Harris
County Clerk’s Office Joe Belalcazar, to accept a filing fee and certify that it has
been timely received.
This Court’s mandamus jurisdiction is governed by the Government Code.
See TEX. GOV’T CODE § 22.221. A court of appeals may issue writs of mandamus
against (1) a judge of a district, statutory county, statutory probate county, or
county court in the court of appeals district; (2) a judge of a district court who is
acting as a magistrate at a court of inquiry under Chapter 52 of the Code of
Criminal Procedure in the court of appeals district; or (3) an associate judge of a
district or county court appointed by a judge under Chapter 201 of the Family
Code in the court of appeals district for the judge who appointed the associate
judge. Id. § 22.221(b). The courts of appeals also may issue all writs necessary to
enforce the court of appeals’ jurisdiction. Id. § 22.221(a).
The real parties are not specified in section 22.221. Moreover, relator has
not shown that the issuance of a writ compelling the requested relief is necessary to
enforce our appellate jurisdiction. See id. § 22.221(a). Accordingly, we lack
jurisdiction to issue a writ of mandamus against these real parties. See In re
Johnson, No. 01-06-00805-CV, 2007 WL 2963685, at *1 (Tex. App.—Houston
[1st Dist.] Oct. 11, 2007, orig. proceeding) (mem. op.). We therefore dismiss
relator’s petition for lack of jurisdiction.
PER CURIAM
Panel consists of Chief Justice Adams and Justices Landau and Rivas-Molloy.
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