in Re Benjie F. Johnson

• Court: Court of Appeals of Texas
• Decided: April 6, 2009
• Docket: 09-09-00147-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

____________________

NO. 09-09-00147-CV

IN RE BENJIE F. JOHNSON

Original Proceeding

MEMORANDUM OPINION

Benjie F. Johnson filed a petition for writ of mandamus and motion for temporary relief. Johnson alleges that he is a residential tenant, that his landlord filed a forcible detainer suit in justice court, that the justice court ordered Johnson to submit to a deposition and struck his pleadings and entered judgment for possession as a sanction for refusing to submit to a deposition. Johnson asks this Court to order the judge presiding in the justice court to set aside the order granting default judgment and order denying Johnson's motion for a stay. Johnson also asks this Court to order the trial court to stay Johnson's deposition and the forcible detainer case pending the outcome of a related criminal matter. Relator has not shown that a writ of mandamus should issue against a judge of a district or county court in this district, nor has he shown that a writ of mandamus should issue to protect our jurisdiction. See Tex. Gov't Code Ann. § 22.221 (Vernon 2004). The statute that describes our writ power does not extend our original jurisdiction to issue a writ of mandamus against a judge of a justice court. Easton v. Franks, 842 S.W.2d 772, 773 (Tex. App.--Houston [1st Dist.] 1992, orig. proceeding); Simpson v. Morgan, 779 S.W.2d 509, 510 (Tex. App.--Beaumont 1989, orig. proceeding). Accordingly, we dismiss this original proceeding for want of jurisdiction. The motion for temporary relief is denied as moot.

WRIT DISMISSED.

PER CURIAM

Opinion Delivered April 6, 2009

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