in Re: James Edward De Moss

• Court: Court of Appeals of Texas
• Decided: June 20, 2007
• Docket: 12-07-00197-CV
• Status: Published

Opinion

                                        NO. 12-07-00197-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

§         

IN RE: JAMES EDWARD DE MOSS,       §          ORIGINAL PROCEEDING

RELATOR

MEMORANDUM OPINION

            Relator James De Moss filed a petition for writ of mandamus complaining of the respondent, the Honorable Clyde Black, Justice of the Peace, Precinct No. 1, Houston County, Texas.  The materials furnished with De Moss’s mandamus petition show that he has attempted to file a lawsuit in Respondent’s court, but Respondent has refused to file the pleadings.  De Moss requests that we order Respondent to “act upon the pleadings and arguments sent to it.” 

            A court of appeals has the authority to issue writs of mandamus against a judge of a district or county in the court of appeals district and all writs necessary to enforce its jurisdiction.  Tex. Gov’t Code Ann. § 22.221 (Vernon 2004).  We have no authority to issue a writ of mandamus against a justice of the peace unless it is necessary to enforce our jurisdiction.  De Moss does not argue that the issuance of the writ is necessary to enforce our jurisdiction.  Accordingly, the petition for writ of mandamus is dismissed for want of jurisdiction.

                                                                                                     BRIAN HOYLE   

                                                                                                              Justice

Opinion delivered June 20, 2007.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(PUBLISH)