in Re: Homeowners' Association of Princeton Meadow, Inc.

• Court: Court of Appeals of Texas
• Decided: August 10, 2016
• Docket: 05-16-00943-CV
• Status: Published

Opinion

DISMISS; and Opinion Filed August 10, 2016.

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-16-00943-CV

IN RE HOMEOWNERS’ ASSOCIATION OF PRINCETON MEADOW, INC., Relator

Original Proceeding from the Justice Court, Precinct # 2 Collin County, Texas Justice Court Cause No. 02-SC-15-00068

MEMORANDUM OPINION Before Chief Justice Wright and Justices Lang-Miers and Brown Opinion by Justice Lang-Miers

In this original proceeding, relator asks the Court to issue a writ directing the justice court

to vacate certain orders and judgments. Appellate courts do not generally have writ jurisdiction

over justice courts. TEX. GOV’T CODE ANN. § 22.221(b) (writ jurisdiction over district and

county courts only). The exception is if the writ is necessary to protect this Court’s jurisdiction.

TEX. GOV’T CODE ANN. § 22.221(a) (“Each court of appeals or a justice of a court of appeals

may issue a writ of mandamus and all other writs necessary to enforce the jurisdiction of the

court.”). No appeal is pending in this Court related to the justice court orders at issue. As such,

our jurisdiction is not at risk. Relator’s remedy, if any, lies in the county court. See, e.g.,

Houston v. Sw. Outdoor, Inc., 05-14-00936-CV, 2016 WL 2591243, at *2 (Tex. App.—Dallas

May 3, 2016, no pet.) (“A statutory county court has mandamus power over justice courts.”) (citing TEX. GOV’T CODE ANN. § 25.0004(a) (West Supp.2015) and Meridien Hotels, Inc. v.

LHO Fin. P’ship I, L.P., 97 S.W.3d 731, 736–37 (Tex. App.—Dallas 2003, no pet.)).

We DISMISS relator’s petition for writ of mandamus for want of jurisdiction.

/Elizabeth Lang-Miers/ ELIZABETH LANG-MIERS JUSTICE

160943F.P05

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