in Re Kenneth D. Eichner, P.C. ( 2011 )


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  • Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed
    December 20, 2011.
    In The
    Fourteenth Court of Appeals
    NO. 14-11-01067-CV
    IN RE KENNETH D. EICHNER, P.C., Relator
    ORIGINAL PROCEEDING
    WRIT OF MANDAMUS
    Justice Court Precinct No. 5
    Harris County
    Trial Court Cause No. SC52C0267215
    MEMORANDUM OPINION
    On December 13, 2011, relator Kenneth D. Eichner filed a petition for writ of
    mandamus in this court. See Tex. Gov’t Code Ann. §22.221; see also Tex. R. App. P. 52.
    In the petition, relator asks this court to compel the Honorable Jeff Williams, presiding
    judge of the Justice Court, Precinct No. 5 to permit relator to file a motion for new trial.
    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 court of appeals’
    jurisdiction. Tex. Gov’t Code Ann. § 22.221.
    In his petition, relator does not seek a writ of mandamus to enforce our
    jurisdiction. Furthermore, relator seeks a writ of mandamus against a justice court.
    Because we have no power to issue writs against judges of justice courts, we are without
    jurisdiction to entertain this petition for writ of mandamus. See id.; Casner v. Rosas, 
    943 S.W.2d 937
    , 938 (Tex. App.—El Paso 1997, orig. proceeding).
    We dismiss relator’s petition for writ of mandamus.
    PER CURIAM
    Panel consists of Justices Frost, Seymore, and Jamison.
    2
    

Document Info

Docket Number: 14-11-01067-CV

Filed Date: 12/20/2011

Precedential Status: Precedential

Modified Date: 9/23/2015