In re Bobby McVade Appeal from 299th District Court of Travis County (memorandum opinion)
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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-17-00660-CV In re Bobby McVade ORIGINAL PROCEEDING FROM TRAVIS COUNTY MEMORANDUM OPINION Relator Bobby McVade has filed a petition for writ of mandamus asking this Court to issue a writ of mandamus directed to the Texas Department of State Health Services. See Tex. Gov’t Code § 22.221; see also Tex. R. App. P. 52.1. This Court does not have mandamus jurisdiction over the Texas Department of State Health Services. By statute, this Court has the authority to issue a writ of mandamus against “a judge of a district or county court in the court of appeals district” and other writs as necessary to enforce our appellate jurisdiction. See Tex. Gov’t Code § 22.221. The Texas Department of State Health Services is not a party against whom we may issue a writ of mandamus. Nor has Relator demonstrated that the exercise of our writ power is necessary to enforce our jurisdiction. We have no jurisdiction to grant Relator the relief he seeks. Accordingly, the petition is dismissed for want of jurisdiction. __________________________________________ Melissa Goodwin, Justice Before Chief Justice Rose, Justices Pemberton and Goodwin Filed: October 12, 2017 2
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