Court of Appeals of Texas, 2012

in Re David M. Dunlop, Relator

in Re David M. Dunlop, Relator
Court of Appeals of Texas · Decided April 11, 2012
in Re David M. Dunlop, Relator

Opinion

MEMORANDUM OPINION

No. 04-12-00197-CV

IN Re David M. DUNLOP, Relator

Original Mandamus Proceeding 1

PER CURIAM

Sitting: Catherine Stone, Chief Justice

Phylis J. Speedlin, Justice

Steven C. Hilbig, Justice

Delivered and Filed: April 11, 2012

PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION

On March 29, 2012, relator filed a petition for writ of mandamus, seeking to challenge certain actions and rulings of a justice of the peace. By statute, this court has the authority to issue a writ of mandamus against “a judge of a district or county court in the court of appeals district” and other writs as necessary to enforce our appellate jurisdiction. See TEX. GOV’T CODE ANN. § 22.221 (West 2004). Because relator seeks a writ against a justice of the peace and the writ is not necessary to enforce our appellate jurisdiction, relator’s petition for writ of mandamus is dismissed for lack of jurisdiction. See In re Ochoa, No. 04-10-00914-CV, 2011 WL 192691, at *1 (Tex. App.—San Antonio Jan. 12, 2011, orig. proceeding); Easton v. Franks, 842 S.W.2d 772, 773 (Tex. App.—Houston [1st Dist.] 1992, orig. proceeding).

PER CURIAM

1 This proceeding arises out of Cause No. 30-S-09-00450-01, styled David M. Dunlop v. John D. Deloach, et al., filed in the Small Claims Court, Precinct Three, Bexar County, Texas, the Honorable Keith Baker, presiding.

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