in Re: Donnie Ray Peoples

Opinion

NUMBER 13-07-032-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

In re:

DONNIE RAY PEOPLES

On Petition for Writ of Mandamus

from Small Claims Court, Precinct No. 1, Bee County, Texas

MEMORANDUM OPINION

Before Chief Justice Valdez, Justices Yañez and Vela

Memorandum Opinion by Justice Vela

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 court of appeals' jurisdiction. Tex. Gov't Code Ann. § 22.221 (Vernon 2004). We have no authority to issue a writ of mandamus against a municipal court judge unless it is necessary to enforce our jurisdiction. See Easton v. Franks, 842 S.W.2d 772, 773 (Tex. App.-Houston [1st Dist.] 1992, orig. proceeding); Casner v. Rosas, 943 S.W.2d 937, 938 (Tex. App.-El Paso 1997, orig. proceeding). Relator does not argue that issuance of the writ is necessary to enforce this Court's jurisdiction. Accordingly, the petition for writ of mandamus is dismissed for lack of jurisdiction.

__________________

ROSE VELA

Justice

Memorandum Opinion delivered and

filed this 1^st day of February, 2007.