In re Alisa Kay Fontenot--Appeal from of County

Opinion issued September 17, 2007

In The

Court of Appeals

For the

First District of Texas

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NO. 01-07-00621-CV

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IN RE ALISA KAY FONTENOT, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION Relator Alisa Kay Fontenot filed a petition for a writ of mandamus in which she asks this Court to direct Judge Glick to refuse to exercise jurisdiction in two underlying cases that were transferred from Bexar County and Montgomery County to Harris County. (1)

As best as can be determined from the mandamus record, there are multiple underlying proceedings. First, there is an underlying divorce proceeding in Bexar County. In re Fontenot, No. 2006CI19142 (37th Dist. Ct., Bexar County, Tex.). Second, there is conservatorship proceeding for one of the children in Liberty County. In re Pfiester, No. CV65561 (253rd Dist. Ct., Liberty County, Tex.). Third, there is a separate conservatorship proceeding for two other children in Bexar County. In re Pfiester, No. 2007-PA-00913 (225th Dist. Ct., Bexar County, Tex.). There is nothing in the mandamus record concerning a proceeding in Montgomery County.

The only orders in the mandamus record are a May 11, 2007 order signed by the Honorable Mary Craft, who apparently was sitting as a visiting judge for the 253rd District Court of Liberty County, and a June 26, 2007 order that appears to have been signed by the Honorable Peter Sakai, judge of the 225th District Court of Bexar County. There is no order in the mandamus record signed by Associate Judge Glick or a reporter's record from a hearing conducted by Judge Glick.

We have no general mandamus jurisdiction over a judge outside this Court's court of appeals district. See Tex. Gov't Code Ann. 22.221(b)(1) (Vernon 2004). Bexar County, Liberty County, and Montgomery County are not in this Court's court of appeals district. See Tex. Gov't Code Ann. 22.201(b) (Vernon Supp. 2006). Relator neither has provided a copy of any order from a district or county judge in this Court's court of appeals district nor claimed that any such order exists. See Tex. R. App. P. 52.3(j)(1)(A) (petition must contain certified or sworn copy of any order complained of, or any other document showing matter complained of).

Because there is no evidence in the mandamus record that Judge Glick has taken any action for which mandamus relief lies, we deny the petition for a writ of mandamus. (2)

PER CURIAM

Panel consists of Justice Nuchia, Hanks, and Bland.

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