Opinion
NO. 14-17-00397-CV
06-01-2017
IN RE ISRAEL ZAPATA, Relator
ORIGINAL PROCEEDING WRIT OF MANDAMUS
309th District Court Harris County, Texas
Trial Court Cause No. 2016-21925
MEMORANDUM OPINION
On May 19, 2017, relator Israel Zapata filed a petition for writ of mandamus in this court. See Tex. Gov't Code Ann. § 22.221 (West 2004); see also Tex. R. App. P. 52. In the petition, relator asks this court to "find" that the Honorable Beverly Malazzo, Associate Judge of the 309th District Court of Harris County, "should not be allowed to hold a hearing" on a pending motion to enforce temporary orders.
Section 22.221 of the Texas Government Code expressly limits the mandamus jurisdiction of the courts of appeals to: (1) writs against a district court judge or county court judge in the court of appeals' district, and (2) all writs necessary to enforce the court of appeals' jurisdiction. Tex. Gov't Code Ann. § 22.221. The associate judge is not a district court or county court judge in this court's district, and relator has not shown that issuance of a writ against the respondent is necessary to enforce this court's appellate jurisdiction. Therefore, we do not have mandamus jurisdiction over an associate judge. See In re J.W.B., No. 14-12-00410-CV, 2012 WL 1695208, at *1 (Tex. App.—Houston [14th Dist.] May 15, 2012, orig. proceeding) (mem. op.).
Accordingly, we dismiss relator's petition for writ of mandamus for lack of jurisdiction.
PER CURIAM Panel consists of Justices Christopher, Brown, and Wise.