in Re Matthew Feinberg

• Court: Court of Appeals of Texas
• Decided: October 14, 2005
• Docket: 14-05-01049-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed October 14, 2005

Petition for Writ of Mandamus Denied and Memorandum Opinion filed October 14, 2005.

In The

Fourteenth Court of Appeals

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NO. 14-05-01049-CV

IN RE MATTHEW FEINBERG, Relator

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ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On October 14, 2005, relator filed a petition for writ of mandamus in this court.  See Tex. Gov=t. Code Ann. ' 22.221 (Vernon 2004); see also Tex. R. App. P. 52.  In his petition, relator sought to have this court compel the Honorable Pedro Ruiz, an associate judge for the 240th District Court in Fort Bend County, to quash relator=s pre-suit deposition ordered pursuant to Texas Rule of Civil Procedure 202.  Relator also sought amendment of a protective order entered in conjunction with the denial of his motion to quash the deposition.  With his petition for writ of mandamus, relator filed a motion for emergency relief seeking to stay the deposition pending our ruling on the petition.  See Tex. R. App. P. 52.10.

This court lacks the power to issue a writ of mandamus against an associate judge.  See Tex. Gov=t Code Ann. ' 22.221(b) (Vernon 2004) (granting power to issue writs against district and county court judges located in the appellate court=s district); see also Welder v. Fritz, 750 S.W.2d 930, 932 (Tex. App.CCorpus Christi 1988, orig. proceeding).  Nor is issuance of a writ of mandamus necessary to enforce this court=s jurisdiction.  See Tex. Gov=t Code Ann. ' 22.221(a) (Vernon 2004).  Moreover, relator has an adequate remedy by appeal to the referring court.  See Tex. Gov=t Code Ann. ' 54.1019 (Vernon 2005).

Accordingly, we deny relator=s petition for writ of mandamus and motion for emergency relief.

PER CURIAM

Petition Denied and Memorandum Opinion filed October 14, 2005.

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