Case Information
*1 In The
Court of Appeals Ninth District of Texas at Beaumont
__________________ NO. 09-25-00490-CV __________________ IN RE AARON NICHOLAS THOMAS
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Original Proceeding
County Court at Law No. 3 of Montgomery County, Texas
Trial Cause No. 25-09-14607
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MEMORANDUM OPINION
In a petition for a writ of mandamus, Relator Aaron Nicholas Thomas contends the trial court failed to perform its ministerial duty to issue service documents for a petition for a protective order. [1] The clerk of the court, not the judge, has the duty to issue citation. [2] See Tex. Fam. Code. Ann. § 82.042(a).
*2 Relator additionally complains that the trial court abused its discretion by failing to authorize an alternative method of service. See generally Tex. R. Civ. P. 106(b). “To meet the due process threshold reflected in Rule 106(b)(2), a party resorting to substitute service must produce evidence showing his selected method was reasonably calculated to apprise a party of the suit.” JD Auto Corp. v. Bell , 697 S.W.3d 441, 457 (Tex. App.—El Paso 2024, no pet.). After reviewing the mandamus petition and appendix, we conclude Relator has not shown that he provided the trial court with sufficient support for his request for alternative service of citation. Accordingly, we deny the petition for a writ of mandamus. See Tex. R. App. P. 52.8(a). We deny Relator’s requests for temporary relief. See id. 52.10(a).
PETITION DENIED.
PER CURIAM Submitted on January 7, 2026
Opinion Delivered January 8, 2026
Before Golemon, C.J., Johnson and Wright, JJ.
2
[1] Relator submitted a mandamus petition that contains multiple format deficiencies. He failed to correct the deficiencies after the Clerk of the Court provided notice and an opportunity to cure. We use Rule 2, however, to look beyond the deficiencies to reach an expeditious result. See Tex. R. App. P. 2.
[2] An intermediate appellate court lacks mandamus jurisdiction over a County Clerk unless necessary to protect the appellate court’s jurisdiction. See Tex. Gov’t Code Ann. § 22.221. 1