Opinion
No. 14-08-00274-CV
Opinions filed April 17, 2008.
Original proceeding Writ of mandamus.
Panel consists of Justices FROST, SEYMORE, and GUZMAN.
MEMORANDUM OPINION
On April 10, 2008, relator U. Lawrence Boze' filed a petition for writ of mandamus in this court. See Tex. Gov't Code Ann. § 22.221(b) (Vernon 1988); see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the Honorable David Patronella, presiding judge of the Justice Court, Precinct 1, Place II of Harris County to vacate his February 13, 2008 Order for Attachment.
The Court's power to issue a writ of mandamus stems from Texas Government Code Annotated, section 22.221(b). However, the statute does not authorize the Court to issue writs of mandamus against a justice of the peace. See In re Rivers, No. 14-07-00623-CV, 2007 WL 2212799 (Tex.App.-Houston [14th Dist.] 2007, orig. proceeding) (mem. op.); Easton v. Franks, 842 S.W.2d 772, 773 (Tex.App.-Houston [1st Dist.] 1992, orig. proceeding).
Accordingly, we dismiss relator's Petition for Writ of Mandamus for want of jurisdiction, and also deny as moot relator's related emergency motion to stay proceedings. See Tex. Gov't Code Ann. § 22.221(b).