What did the court decide?

The Third Court of Appeals dismissed the mandamus petition because it does not have jurisdiction to order an Austin County judge to act.

Who is affected by this decision?

Relator Anabel Lopez Perez is affected because her petition seeking court action on a QDRO was dismissed; the Austin County judge is not ordered to act by this court.

What happens next for the relator?

Relator must seek relief in the proper court or court of appeals that has authority over Austin County, or pursue relief in the trial court that entered the QDRO.

Can this decision be appealed?

This is a dismissal for lack of jurisdiction in an original mandamus proceeding; relator's practical options are to file the appropriate petition in the correct appellate district or seek relief in the trial court rather than appeal this dismissal.

In Re Anabel Lopez Perez v. the State of Texas

Docket 03-26-00393-CV

Court of record · Indexed in NoticeRegistry archive · AI-enriched for research

OtherDismissed

Filed: Apr 30, 2026 · 6 days ago
Jurisdiction: Texas
Court: Texas Court of Appeals, 3rd District (Austin)
Type: Lead Opinion
Case type: Other
Disposition: Dismissed
Docket: 03-26-00393-CV

Original mandamus proceeding seeking an order compelling an Austin County judge to execute and clarify a QDRO

Summary

Relator, pro se, sought a writ of mandamus asking this Court to compel the presiding judge of the Austin County Court at Law to execute and clarify a qualified domestic relations order from relator’s 2024 divorce. The Third Court of Appeals dismissed the petition because it lacks mandamus jurisdiction over Austin County courts (Austin County is not in the Third Court of Appeals district) and relator did not show the writ was necessary to protect this court’s appellate jurisdiction. The petition was dismissed for want of jurisdiction.

Issues Decided

Whether the Third Court of Appeals has mandamus jurisdiction over a judge of the Austin County Court at Law
Whether issuance of the writ is necessary to enforce the appellate court's jurisdiction

Court's Reasoning

The court relied on the statutory limit on its mandamus power, which extends only to judges within the court of appeals district. Austin County is not within the Third Court of Appeals district under the cited statute. The relator also failed to show that issuing the writ was necessary to enforce this court’s appellate jurisdiction, so the statutory prerequisite for extraordinary relief was not met.

Authorities Cited

Texas Government Code § 22.221Tex. Gov't Code § 22.221
Texas Government Code § 22.201(d) (composition of Third Court of Appeals District)Tex. Gov't Code § 22.201(d)

Parties

Petitioner: Anabel Lopez Perez
Judge: Presiding judge, Austin County Court at Law
Judge: Gisela D. Triana

Key Dates

Filed: 2026-04-30

What You Should Do Next

1
Seek relief in the proper appellate district
Determine which court of appeals has jurisdiction over Austin County and consider filing a mandamus petition there, or consult counsel to confirm the correct forum.
2
File motion or petition in trial court
If the immediate need is clarification or execution of the QDRO, file a motion in the Austin County Court at Law asking the presiding judge to clarify or enter any necessary orders.
3
Consult an attorney
Talk with a family-law attorney to evaluate options for enforcing or clarifying the QDRO and to ensure filings are made in the proper court and form.

Frequently Asked Questions

What did the court decide?: The Third Court of Appeals dismissed the mandamus petition because it does not have jurisdiction to order an Austin County judge to act.
Who is affected by this decision?: Relator Anabel Lopez Perez is affected because her petition seeking court action on a QDRO was dismissed; the Austin County judge is not ordered to act by this court.
What happens next for the relator?: Relator must seek relief in the proper court or court of appeals that has authority over Austin County, or pursue relief in the trial court that entered the QDRO.
Can this decision be appealed?: This is a dismissal for lack of jurisdiction in an original mandamus proceeding; relator's practical options are to file the appropriate petition in the correct appellate district or seek relief in the trial court rather than appeal this dismissal.

The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.

Full Filing Text

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-26-00393-CV

In re Anabel Lopez Perez

ORIGINAL PROCEEDING FROM AUSTIN COUNTY

MEMORANDUM OPINION

Relator has filed a pro se petition for writ of mandamus complaining that the

presiding judge of the Austin County Court at Law has “failed to execute and clarify the QDRO”

issued in connection with relator’s 2024 divorce. By statute, this Court has the authority to issue

a writ of mandamus against “a judge of a district, statutory county, statutory probate county, 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 (emphasis added). This Court does not have

mandamus jurisdiction over any court officials of Austin County, which lies outside of our

appellate district. See id. § 22.201(d) (listing counties that compose Third Court of Appeals

District). Nor has relator demonstrated that the exercise of our writ power is necessary to

enforce our appellate jurisdiction. See id. § 22.221(a).

Accordingly, the petition is dismissed for want of jurisdiction.

__________________________________________
Gisela D. Triana, Justice

Before Justices Triana, Kelly, and Ellis

Filed: April 30, 2026