In re Enrique Moreno, Jr.--Appeal from County Court of Ellis County

IN THE

TENTH COURT OF APPEALS

No. 10-08-00101-CV

In re ENRIQUE Moreno, JR.

Original Proceeding

MEMORANDUM Opinion

Enrique Moreno Jr. has filed an Emergency Motion Abuse of Discretion/Right to Supercede, complaining that the justice of the peace in the underlying eviction (forcible detainer) action abused its discretion in rejecting Moreno s appeal bond. We will treat this proceeding as an original proceeding seeking a writ of mandamus.

This Court does not have jurisdiction to issue a writ of mandamus against a justice of the peace. In re Stephens, 2007 WL 2389979 (Tex. App. Waco Aug. 22, 2007, orig. proceeding) (citing Easton v. Franks, 842 S.W.2d 772, 773-74 (Tex. App. Houston [1st Dist.] 1992, orig. proceeding); Simpson v. Morgan, 779 S.W.2d 509, 510 (Tex. App. Beaumont 1989, orig. proceeding); Tex. Gov t Code Ann. 22.221(b)(1) (Vernon 2004) (court of appeals may issue writ of mandamus against a judge of a district or county court in the court of appeals district )).

Accordingly, we dismiss this proceeding for want of jurisdiction. See Stephens, 2007 WL 2389979.

BILL VANCE

Justice

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Dismissed

Opinion delivered and filed April 16, 2008

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