In Re Milton Davidson, Daphne Davidson, David S. Davidson, Samuel M. Davidson, Louise Bassman, Barbara Moss and Ruth E. Projansky--Appeal from County Court at Law of Liberty County

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-07-380 CV
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IN RE MILTON DAVIDSON, DAPHNE DAVIDSON, DAVID S. DAVIDSON,
SAMUEL M. DAVIDSON, LOUISE BASSMAN, BARBARA MOSS
and RUTH E. PROJANSKY
Original Proceeding
MEMORANDUM OPINION

Relators Milton Davidson, Daphne Davidson, David S. Davidson, Samuel M. Davidson, Louise Bassman, Barbara Moss, and Ruth E. Projansky seek to compel the Honorable Judge Olen Underwood, Presiding Judge of the Second Administrative Judicial Region, to vacate an order of assignment of an active district court judge to preside over a will contest and to refer the case to the presiding judge of the statutory probate courts for assignment of a statutory probate judge. Relators are not seeking the issuance of a writ of mandamus against a judge of a district or county court in the court of appeals district and our appellate jurisdiction is not affected by the challenged order. See Tex. Gov't Code Ann. 22.221 (Vernon 2004). Our mandamus authority does not include a specific grant of authority to issue a writ of mandamus against a regional presiding judge acting in his administrative capacity. In re Hettler, 110 S.W.3d 152, 154 (Tex. App.--Amarillo 2003, orig. proceeding [mand. denied]). We deny the petition for writ of mandamus.

PETITION DENIED.

PER CURIAM

 

Opinion Delivered August 16, 2007

 

Before McKeithen, C.J., Gaultney, and Kreger, JJ.