Opinion
No. 05-09-00075-CV
Opinion issued January 30, 2009.
Original Proceeding from the County Court at Law No. 4 Dallas County, Texas, Trial Court Cause No. CC-08-03056-D.
Before Justices MORRIS, FRANCIS, and MURPHY.
Opinion by Justice MORRIS.
MEMORANDUM OPINION
In his petition for writ of mandamus, relator contends that a justice of the peace erred by applying the Texas Rules of Evidence and the Texas Rules of Civil Procedure to his case and that the county court at law, hearing relator's appeal from the justice of the peace court, erred in dismissing his claims on summary judgment.
The facts and issues are well known to the parties, so we do not recount them here. We conclude that, to the extent that the relator bases his petition on rulings by the justice of the peace, we do not have jurisdiction. See Tex. Civ. Prac. Rem. Code Ann. § 51.001 (Vernon 2008). To the extent that relator is complaining that the county court at law dismissed his claims on summary judgment, he has an adequate remedy to address that ruling on direct appeal. See Tex. Civ. Prac. Rem. Code Ann. § 51.012 (Vernon 2008). To the extent relator is objecting to the use of the rules of evidence and procedure by the county court at law, his petition is without merit and frivolous. See Tex. R. Civ. P. 2. Otherwise, and based on the record before us, we conclude relator has not shown he is entitled to the relief requested. See Tex. R. App. P. 52.8(a); Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992). Accordingly, we DENY relator's petition for writ of mandamus.