In Re Travis A. Bryan I and Amber N. Bryan v. the State of Texas

Motion Dismissed; Petition for Writ of Mandamus Dismissed and
Memorandum Opinion filed September 12, 2024.

In The

Fourteenth Court of Appeals

NO. 14-24-00642-CV

IN RE TRAVIS A. BRYAN I AND AMBER N. BRYAN, Relators

ORIGINAL PROCEEDING
WRIT OF MANDAMUS
County Civil Court at Law No. 3
Harris County, Texas
Trial Court Cause No. 1208789

MEMORANDUM OPINION

On September 3, 2024, relators Travis A. Bryan I and Amber N. Bryan filed
a petition for writ of mandamus in this court. See Tex. Gov’t Code Ann. § 22.221;
see also Tex. R. App. P. 52. In the petition, relator recites that the respondent is
the Honorable LaShawn A. Williams, presiding judge of the County Civil Court at
Law No. 3 of Harris County, but the substance of the petition is directed at the
county clerk of Harris County, the Honorable Teneshia Hudspeth, to “dissolve the
writ of possession that was issued on September 3, 2024, or immediately recall the
same.”

On September 10, 2024, the court notified relators that unless relators
demonstrate this court’s jurisdiction on or before September 17, 2024, relators’
petition for writ of mandamus may be dismissed for want of jurisdiction.

On September 11, 2024, relators filed an amended petition asserting that the
trial court abused its discretion by issuing the writ of possession. However,
relators acknowledge that “[t]he Clerk of the Trial Court issued a second writ of
possession for the Property . . . .” The mandamus record reflects that the writ of
possession was signed by the county clerk on September 3, 2024.

This court’s power to issue writs is defined in Government Code section
22.221. Section 22.221 grants the court of appeals the authority to issue: (1) writs
of mandamus and other writs necessary to enforce their jurisdiction; (2) writs of
mandamus against a judge of a district or county court in the court of appeals
district; and (3) writs of habeas corpus under specifically defined circumstances
involving contempt orders in civil cases. See Tex. Gov’t Code Ann. § 22.221. We
are not authorized to issue writs of mandamus against clerks of court, and relators
have not claimed or shown that the relief requested is necessary to enforce the
jurisdiction of our court. See In re Bunton, No. 14-07-00651-CV, 2007 WL

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2301413, at *1 (Tex. App.—Houston [14th Dist.] Aug. 14, 2007, orig. proceeding)
(mem. op.) (per curiam).

Accordingly, we dismiss relators’ amended petition for writ of mandamus
for lack of jurisdiction. We further dismiss relators’ second emergency motion for
temporary relief.

PER CURIAM

Panel consists of Justices Spain, Poissant, and Wilson.

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