in Re Kenneth D. Eichner, P.C.

• Court: Court of Appeals of Texas
• Decided: December 20, 2011
• Docket: 14-11-01067-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed December 20, 2011.

In The

Fourteenth Court of Appeals

NO. 14-11-01067-CV

IN RE KENNETH D. EICHNER, P.C., Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS Justice Court Precinct No. 5 Harris County Trial Court Cause No. SC52C0267215

MEMORANDUM OPINION

On December 13, 2011, relator Kenneth D. Eichner filed a petition for writ of mandamus in this court. See Tex. Gov’t Code Ann. §22.221; see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the Honorable Jeff Williams, presiding judge of the Justice Court, Precinct No. 5 to permit relator to file a motion for new trial.

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.

In his petition, relator does not seek a writ of mandamus to enforce our jurisdiction. Furthermore, relator seeks a writ of mandamus against a justice court. Because we have no power to issue writs against judges of justice courts, we are without jurisdiction to entertain this petition for writ of mandamus. See id.; Casner v. Rosas, 943 S.W.2d 937, 938 (Tex. App.—El Paso 1997, orig. proceeding).

We dismiss relator’s petition for writ of mandamus.

PER CURIAM

Panel consists of Justices Frost, Seymore, and Jamison.