in Re: Johnny Paul Rivers

• Court: Court of Appeals of Texas
• Decided: August 3, 2007
• Docket: 14-07-00623-CV
• Status: Published

Opinion

Petition Dismissed and Opinion filed August 3, 2007

Petition Dismissed and Opinion filed August 3, 2007.

In The

Fourteenth Court of Appeals

____________

NO. 14-07-00623-CV

IN RE JOHNNY PAUL RIVERS, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

Johnny Paul Rivers, relator, acting pro se, has filed an Original Application for Writ of Mandamus in connection with Cause 107S1229 pending in Justice Court No. 1 for Walker County, Texas.  Each court of appeals has jurisdiction to issue a writ of mandamus Aagainst a judge of a district or county court in the court of appeals district.@  Tex. Gov=t Code '22.221(b)(1).  Although Walker County courts were at one time within the Fourteenth Court of Appeals District, since September 1, 2005 they have been within the Tenth Court of Appeals District (Waco).  Compare Tex. Gov=t Code '22.201(o) (Vernon 2004) with id. ' 22.201(k) (Vernon Supp. 2006).  Furthermore, the statute does not grant a court of appeals the power to issue a writ of mandamus against a justice of the peace court, which is the relief relator seeks.  Easton v. Franks, 842 S.W.2d 772 (Tex. App.CHouston [1st Dist.] 1992, orig. proceeding). 

Accordingly, we dismiss relator=s Original Application for Writ of Mandamus for want of jurisdiction.

PER CURIAM

Order and Opinion filed August 3, 2007.

Panel consists of Chief Justice Hedges and Justices Hudson and Guzman.

Do Not Publish B Tex. R. App. P. 47.2(b).