in Re: Curtis Holcomb and Donna Holcomb

Petition for Writ of Mandamus Denied and Memorandum Opinion filed August 28, 2007

 

Petition for Writ of Mandamus Denied and Memorandum Opinion filed August 28, 2007.

 

 

 

In The

 

Fourteenth Court of Appeals

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NO. 14-07-00708-CV

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IN RE CURTIS HOLCOMB and DONNA HOLCOMB, Relators

 

 

 

ORIGINAL PROCEEDING

WRIT OF MANDAMUS, WRIT OF PROHIBITION, WRIT OF INJUNCTION

 

 

M E M O R A N D U M   O P I N I O N


On August 27, 2007, relators filed a petition for writ of mandamus, writ of prohibition, and writ of injunction in this court.  See Tex. Gov=t Code Ann. ' 22.221 (Vernon 2004); see also Tex. R. App. P. 52.  In the petition, relators ask this court (1) to issue a writ of mandamus compelling the Honorable Mary Nell Crapitto, presiding judge of the County Court at Law No. 1, Galveston County in Cause No. 57,404 (styled Galveston Bleak House Realty, Inc. v. Donald L. Young, et al) to consider and grant a writ of mandamus ordering the setting aside of a judgment rendered against them in Cause No. E07070230 by the Justice of the Peace Court Precinct 7, Galveston County and/or (2) to issue a writ of prohibition or writ of injunction preventing enforcement of the writ of possession issued upon such judgment.

The relators have not identified a basis on which the respondent would be authorized to issue a writ of mandamus to a justice of the peace court.  Further, the relators have not shown that prohibiting or enjoining enforcement of the writ of possession is necessary to preserve the jurisdiction of this Court.  For these reasons, the relators have not established their entitlement to the extraordinary relief requested.  Accordingly, we deny relators= petition for writ of mandamus, writ of prohibition, and writ of injunction.

 

PER CURIAM

 

Petition Denied and Memorandum Opinion filed August 28, 2007.

Panel consists of Chief Justice Hedges and Justices Anderson and Seymore.