in Re U. Lawrenze Boze'

• Court: Court of Appeals of Texas
• Decided: April 17, 2008
• Docket: 14-08-00274-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed April 17, 2008

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed April 17, 2008.

In The

Fourteenth Court of Appeals

____________

NO. 14-08-00274 -CV

IN RE U. LAWRENZE BOZE=, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On April 10, 2008, relator U. Lawrence Boze= filed a petition for writ of mandamus in this court.  See Tex. Gov=t Code Ann. ' 22.221(b) (Vernon 1988); see also Tex. R. App. P. 52.  In the petition, relator asks this court to compel the Honorable David Patronella, presiding judge of the Justice Court, Precinct 1, Place II of Harris County to vacate his February 13, 2008 Order for Attachment.

The Court=s power to issue a writ of mandamus stems from Texas Government Code Annotated, section 22.221(b).  However, the statute does not authorize the Court to issue writs of mandamus against a justice of the peace.  See In re Rivers, No. 14-07-00623-CV, 2007 WL 2212799 (Tex. App.BHouston [14th Dist.] 2007, orig. proceeding) (mem. op.); Easton v. Franks, 842 S.W.2d 772, 773 (Tex. App.BHouston [1st Dist.] 1992, orig. proceeding).

Accordingly, we dismiss relator=s Petition for Writ of Mandamus for want of jurisdiction, and also deny as moot relator=s related emergency motion to stay proceedings.  See Tex. Gov=t Code Ann. ' 22.221(b).

PER CURIAM

Petition Dismissed for Lack of Jurisdiction and Memorandum Opinion filed, April 17, 2008.

Panel consists of Justices Frost, Seymore, and Guzman.