Tuesday, October 13, 2009
No Mandamus Jurisdiction over Judge of Small Claims Court
Fourteenth Court of Appeals rejects petition seeking mandamus relief against judge of the small claims court (Justice of the Peace doing double duty as small claims court judge) on jurisdictional grounds.
M E M O R A N D U M O P I N I O N
On September 25, 2009, Relator, Arcadio D. Rodriguez, 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. 52.1. In his petition, relator asks this court to compel the Honorable Russ Ridgway, judge of the Small Claims Court Harris County Precinct 5, to vacate his orders of October 27, 2008, and July 31, 2009.
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 jurisdiction of the court of appeals. Tex. Gov’t Code Ann. § 22.221 (Vernon 2004).
This court does not have jurisdiction to issue writ of mandamus against a small claims court judge. See Tex. Gov’t Code Ann. § 22.221(a), (b) (Vernon 2004). Neither does the court have jurisdiction over appeals originally filed in small claims court. See Sultan v. Mathew, 178 S.W.3d 747, 748 (Tex. 2005). Therefore, jurisdiction does not lie for enforcement of this court’s jurisdiction.
Accordingly, the petition for writ of mandamus is ordered dismissed.
Panel consists of Justices Yates, Frost, and Brown.
In Re Rodriguez (Tex.App.- Houston [14th Dist.] Oct. 13, 2009)(per curiam dismissal)
(no jurisdiction to issue mandamus against judge of small claims court, appeal by mandamus petition dismissed for want of jurisdiction)
DISMISSED: Per Curiam
Before Justices Brock Yates, Frost and Brown
14-09-00824-CV In Re Arcadio D. Rodgriguez
Appeal from County Civil Court at Law No 3 of Harris County
Trial Court Judge: Linda Storey
Also see related blog post: No Mandmamus Jurisdiction over JP Court Judge (Justice of the Peace)