In re Gary Dale Willis--Appeal from 1st District Court of Jasper County

No. 04-04-00263-CV

IN RE Gary Dale WILLIS,

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Sandee Bryan Marion, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: May 5, 2004

PETITION FOR WRIT OF MANDAMUS DENIED

On April 22, 2004, relator filed a petition for writ of mandamus, in which relator asks this court to issue a writ compelling the Honorable James M. Farris to grant a hearing on relator's Motion to Enforce the Terms and Conditions of Possession to or Access of a Child. Relator has contemporaneously filed a Motion to Temporarily Remove the Record from Appeal in order for it to be considered in the mandamus. The underlying appeal was transferred to this court from the Beaumont Court of Appeals, pursuant to a docket equalization order.

"Each court of appeals for a court of appeals district may issue all writs of mandamus, agreeable to the principles of law regulating those writs, against a . . . judge of a district or county court in the court of appeals district . . . ." Tex. Gov't Code Ann. 22.221(b) (Vernon 2004). The Jasper County District Court is not within the appeals district of this court. Therefore, this court does not have jurisdiction to issue a writ against Judge Farris. Accordingly, the petition is DENIED. Tex. R. App. P. 52.8(a). Relator's Motion to Temporarily Remove the Record From Appeal is denied as moot.

Relator shall pay all costs incurred in this proceeding.

PER CURIAM

1. This proceeding arises out of Cause No. 22,146, styled In the Matter of the Marriage of Gary Dale Willis and Joan Francine Willis and In the Interest of Hannah Elizabeth Willis, A Child, filed in the 1st Judicial District Court, Jasper County, Texas.