Court of Civil Appeals of Texas, 2016

in Re: Homeowners' Association of Princeton Meadow, Inc.

in Re: Homeowners' Association of Princeton Meadow, Inc.
Court of Civil Appeals of Texas · Decided August 10, 2016

in Re: Homeowners' Association of Princeton Meadow, Inc.

Opinion

DISMISS; and Opinion Filed August 10, 2016.

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-16-00943-CV IN RE HOMEOWNERS’ ASSOCIATION OF PRINCETON MEADOW, INC., Relator Original Proceeding from the Justice Court, Precinct # 2 Collin County, Texas Justice Court Cause No. 02-SC-15-00068 MEMORANDUM OPINION Before Chief Justice Wright and Justices Lang-Miers and Brown Opinion by Justice Lang-Miers In this original proceeding, relator asks the Court to issue a writ directing the justice court to vacate certain orders and judgments. Appellate courts do not generally have writ jurisdiction over justice courts. TEX. GOV’T CODE ANN. § 22.221(b) (writ jurisdiction over district and county courts only). The exception is if the writ is necessary to protect this Court’s jurisdiction.

TEX. GOV’T CODE ANN. § 22.221(a) (“Each court of appeals or a justice of a court of appeals may issue a writ of mandamus and all other writs necessary to enforce the jurisdiction of the court.”). No appeal is pending in this Court related to the justice court orders at issue. As such, our jurisdiction is not at risk. Relator’s remedy, if any, lies in the county court. See, e.g., Houston v. Sw. Outdoor, Inc., 05-14-00936-CV, 2016 WL 2591243, at *2 (Tex. App.—Dallas May 3, 2016, no pet.) (“A statutory county court has mandamus power over justice courts.”) (citing TEX. GOV’T CODE ANN. § 25.0004(a) (West Supp. 2015) and Meridien Hotels, Inc. v. LHO Fin. P’ship I, L.P., 97 S.W.3d 731, 736–37 (Tex. App.—Dallas 2003, no pet.)).

We DISMISS relator’s petition for writ of mandamus for want of jurisdiction.

/Elizabeth Lang-Miers/ ELIZABETH LANG-MIERS JUSTICE

160943F.P05

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