in Re Arcadio D. Rodgriguez

• Court: Court of Appeals of Texas
• Decided: October 13, 2009
• Docket: 14-09-00824-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed October 13, 2009.

In The

Fourteenth Court of Appeals

____________

NO. 14-09-00824-CV

IN RE ARCADIO D. RODRIGUEZ, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

            On September 25, 2009, Relator, Arcadio D. Rodriguez, filed a petition for writ of mandamus in this Court.  See Tex. Gov’t Code Ann §22.221 (Vernon 2004); see also Tex. R. App. P. 52.1.  In his petition, relator asks this court to compel the Honorable Russ Ridgway, judge of the Small Claims Court Harris County Precinct 5, to vacate his orders of October 27, 2008, and July 31, 2009.

            This Court’s mandamus jurisdiction is governed by section 22.221 of the Texas Government Code.  Section 22.221 expressly limits the mandamus jurisdiction of the courts of appeals to: (1) writs against a district court judge or county court judge in the court of appeals’ district, and (2) all writs necessary to enforce the jurisdiction of the court of appeals.  Tex. Gov’t Code Ann. § 22.221 (Vernon 2004).  This court does not have jurisdiction to issue writ of mandamus against a small claims court judge.  See Tex. Gov’t Code Ann. § 22.221(a), (b) (Vernon 2004).  Neither does the court have jurisdiction over appeals originally filed in small claims court.  See Sultan v. Mathew, 178 S.W.3d 747, 748 (Tex. 2005).  Therefore, jurisdiction does not lie for enforcement of this court’s jurisdiction.

            Accordingly, the petition for writ of mandamus is ordered dismissed.

                                                            PER CURIAM

Panel consists of Justices Yates, Frost, and Brown.