In Re: James Edward De Moss--Appeal from County Court at Law of Houston County
Annotate this CaseNO. 12-07-00197-CV
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS
IN RE: JAMES EDWARD DE MOSS, ORIGINAL PROCEEDING
RELATOR
MEMORANDUM OPINION
Relator James De Moss filed a petition for writ of mandamus complaining of the respondent, the Honorable Clyde Black, Justice of the Peace, Precinct No. 1, Houston County, Texas. The materials furnished with De Moss s mandamus petition show that he has attempted to file a lawsuit in Respondent s court, but Respondent has refused to file the pleadings. De Moss requests that we order Respondent to act upon the pleadings and arguments sent to it.
A court of appeals has the authority to issue writs of mandamus against a judge of a district or county in the court of appeals district and all writs necessary to enforce its jurisdiction. Tex. Gov t Code Ann. 22.221 (Vernon 2004). We have no authority to issue a writ of mandamus against a justice of the peace unless it is necessary to enforce our jurisdiction. De Moss does not argue that the issuance of the writ is necessary to enforce our jurisdiction. Accordingly, the petition for writ of mandamus is dismissed for want of jurisdiction.
BRIAN HOYLE
Justice
Opinion delivered June 20, 2007.
Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.
(PUBLISH)
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