Opinion issued August 1, 2017
In The
Court of Appeals
For The
First District of Texas
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NO. 01-17-00578-CV
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IN RE JOE DUHON, Relator
Original Proceeding on Petition for Writs of Mandamus and Prohibition
MEMORANDUM OPINION
Relator, Joe Duhon, filed a combined petition for: (1) a writ of mandamus
seeking to compel the respondent, Justice of the Peace, Precinct 3, Grimes County,
to vacate the order and abstract of judgment, both signed on April 17, 2017, and (2)
a writ of prohibition, among other things, to allow relator’s trial de novo to continue
in County Court in the underlying proceeding.1 However, this Court’s mandamus
jurisdiction is limited to: (1) issuance of writs of mandamus against a district court
judge or county court judge in this Court’s district and (2) issuance of writs of
mandamus necessary to enforce our appellate jurisdiction. See TEX. GOV’T CODE
ANN. § 22.221(a)–(b) (West 2004). We lack jurisdiction to issue a writ of mandamus
against a justice of the peace unless the writ is necessary to enforce our appellate
jurisdiction. See In re Jackson, 01-15-00822-CV, 2016 WL 269263, at *1 (Tex.
App.—Houston [1st Dist.] Jan. 21, 2016, orig. proceeding) (per curiam) (mem. op.)
(dismissing mandamus petition for want of jurisdiction against justice of peace)
(citations omitted). Relator’s petition does not demonstrate that the relief he requests
is necessary to enforce our appellate jurisdiction. See TEX. GOV’T CODE ANN. §
22.221(a).
Accordingly, we dismiss the petition for lack of jurisdiction.
PER CURIAM
Panel consists of Justices Higley, Bland, and Brown.
1
The underlying case is John Pierce v. Joe Duhon, Cause No. 2016-01C, pending in
the Justice Court, Precinct 3, Grimes County, Texas, The Honorable John LeFlore
presiding.
2