In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
______________________________
No. 06-02-00181-CV ______________________________
IN RE: TROY E. HOLT
Original Mandamus Proceeding
Before Morriss, C.J., Grant and Ross, JJ.
O P I N I O N
Troy E. Holt, relator, seeks the issuance of a writ of mandamus compelling the respondent, Gibson L. Hadaway, Justice of the Peace, Precinct 1, Place 2, Bowie County, Texas, to issue citation and process on the Secretary of State and to conduct a hearing and render a decision regarding Holt's motion to take judicial notice of certain provisions of the Texas Civil Practice and Remedies Code.
Holt asserts that, on August 6, 2002, he filed suit in the justice court of Bowie County concerning the allegedly deceptive trade practices of RMF Enterprises, a resident (according to Holt's original petition) of the State of Washington. He claims the justice court has refused to forward a copy of the plaintiff's original petition to the Texas Secretary of State for service of process. On October 31, 2002, Holt filed a petition for a writ of mandamus with the Bowie County Court at Law. That court denied Holt's petition for a writ of mandamus on November 20, 2002. He now seeks redress in this Court.
We must address whether we have jurisdiction to issue a writ of mandamus to a justice of the peace. Our power to issue writs of mandamus is not of constitutional origin, but is instead a creature of statute. A & T Consultants, Inc. v. Sharp, 904 S.W.2d 668, 685 (Tex. 1995) (Hecht, J. dissenting). Section 22.221(a), (b) of the Texas Government Code governs our jurisdiction to grant mandamus relief:
(a) Each court of appeals or a justice of a court of appeals may issue a writ of mandamus and all other writs necessary to enforce the jurisdiction of the court.
- Each court of appeals may issue all writs of mandamus agreeable to the principles of law regulating those writs, against a:
- judge of a district or county court in the court of appeals district; or
- 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(a), (b) (Vernon Supp. 2003). Holt's petition for a writ of mandamus does not allege that the justice court's conduct affects the jurisdiction of the court of appeals. Contrast Tex. Capital Bank-Westwood v. Johnson, 864 S.W.2d 186, 189 (Tex. App.-Texarkana 1993, no writ) (appellate court may issue writ against district court that acts to interfere with appellate court's jurisdiction). Therefore, this Court's power to issue a writ of mandamus under Section 22.221(a) is not at issue. The question remaining is whether we may issue a writ of mandamus pursuant to Section 22.221(b) to a justice of the peace.
"[S]ection 22.221(b) expressly limits this Court's jurisdiction to issuing writs against a judge of a district court in the court of appeals district.' The statute does not expressly authorize this Court to issue writs of mandamus against a justice of the peace." Easton v. Franks, 842 S.W.2d 772, 773 (Tex. App.-Houston [1st Dist] 1992, no writ). We lack jurisdiction to grant the requested relief. Accordingly, we dismiss the original proceeding for want of jurisdiction.
BY THE COURT
Date Submitted: December 20, 2002
Date Decided: December 23, 2002
Do Not Publish
Exception Locked="false" UnhideWhenUsed="false" Name="Placeholder Text"/>
|
|
In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
______________________________
No. 06-10-00060-CV
______________________________
IN THE MATTER OF J.T.B.
On Appeal from the 2nd Judicial District Court
Cherokee County, Texas
Trial Court No. J03-088
Before Morriss, C.J., Carter and Moseley, JJ.
Memorandum Opinion by Justice Carter
MEMORANDUM OPINION
J.T.B., a juvenile, has filed a motion to dismiss his appeal. His attorney states in the motion that [c]ounsel has conferred with [J.T.B.] and his family who have agreed to this dismissal. We grant the motion and dismiss the appeal. See Tex. R. App. P. 42.1(a)(1).
Jack Carter
Justice
Date Submitted: September 27, 2010
Date Decided: September 28, 2010