in Re Mark McAfee ( 2001 )

In re Mark McAfee

  IN THE

TENTH COURT OF APPEALS

No. 10-01-222-CV

IN RE MARK McAFEE

From the County Court at Law

Ellis County, Texas

Trial Court # 00-C-3109

O P I N I O N

      Mark McAfee seeks a writ of mandamus compelling the Honorable Don Jolly, Special Commissioner appointed in condemnation proceedings filed in the County Court at Law of Ellis County, to consider and rule upon the merits of his motion for continuance of a condemnation hearing. We dismiss the petition for want of jurisdiction.

      Section 22.221(b) of the Government Code prescribes the original jurisdiction of the courts of appeals. That section states:

      (b)  Each court of appeals for a court of appeals district may issue all writs of mandamus, agreeable to the principles of law regulating those writs, against a:

(1) judge of a district or county court in the court of appeals district; or

(2) judge of a district court who is acting as a magistrate at a court of inquiry under Chapter 52, Code of Criminal Procedure, in the court of appeals district.

  Tex. Gov’t Code Ann. § 22.221(b) (Vernon Supp. 2001). The Government Code does not confer mandamus jurisdiction over commissioners appointed in condemnation proceedings upon the courts of appeals. Id. Accordingly, we dismiss the petition for want of jurisdiction.

                                                                   PER CURIAM

Before Chief Justice Davis

      Justice Vance, and

      Justice Gray

Writ dismissed

Opinion delivered and filed August 3, 2001

Publish

Opinion delivered and filed June 6, 2001

Do not publish