in Re: Rio Queen Citrus, Inc. and Elmore Stahl, Inc.

• Court: Court of Appeals of Texas
• Decided: May 21, 2009
• Docket: 13-09-00214-CV
• Status: Published

Opinion

NUMBER 13-08-00588-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ______________________________________________________________

JESUS MENDOZA, Appellant,

v.

JUSTICE OF THE PEACE ISMAEL "MELO" OCHOA, Appellee. _____________________________________________________________

On Appeal from the 398th District Court of Hidalgo County, Texas. ______________________________________________________________

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Garza and Vela Memorandum Opinion Per Curiam

Appellant, Jesus Mendoza, attempts to appeal an order denying appellant’s petition

to remove from office Justice of the Peace, Precinct 3, Place 2, Ismael Ochoa, entered on

June 26, 2008. On December 23, 2008, the Clerk of the Court notified appellant it did not appear that this Court has jurisdiction and that the appeal was subject to dismissal, unless

within ten days from the date of receipt of this letter, appellant corrected the defect.

The appellant responded on January 5, 2009, filing a “Motion to Proceed on this

Appeal.” The appellant asserts that this Court has jurisdiction to hear an appeal of a denial

of a petition for citation to remove a judge from office where concrete, specific, and

conclusive evidence supports the claim that the trial judge engaged in judicial misconduct.

This Court does not have jurisdiction. An appeal may not be taken from a dismissal

of a petition to remove an elected judge where the trial court refused to issue citation. See

TEX . LOC . GOV’T CODE ANN . §87.016 (Vernon 1999). Accordingly, appellant’s motion to

proceed is DENIED and the appeal is hereby DISMISSED FOR WANT OF

JURISDICTION. See TEX . R. APP. P. 42.3(a).

PER CURIAM

Memorandum Opinion delivered and filed this the 21st day of May, 2009.