Opinion
No. 09-10-00175-CV
Opinion Delivered April 15, 2010.
Original Proceeding.
Before McKEITHEN, C.J., GAULTNEY and KREGER, JJ.
MEMORANDUM OPINION
Relator Glen Engle filed a mandamus petition asking this Court to stay all proceedings in a forcible entry and detainer suit and judgment, and to instruct the Justice Court, Place 1, Precinct 1, Jefferson County, to deem relator's notice of appeal to be timely.
In a forcible entry and detainer suit, a party may appeal from the justice court to county court by "filing with the justice within five days after the judgment is signed, a bond . . ." or an "affidavit . . . stating [the party's] inability to pay such costs[.]" TEX. R. CIV. P. 749, 749a. The judgment of the Justice Court was signed April 7, 2010. Relator filed his "Affidavit of Inability to Pay Costs or Give Security" on April 14, 2010. Rule 4 of the Texas Rules of Civil Procedure provides that in computing a period of time under these rules, "Saturdays, Sundays and legal holidays shall not be counted for any purpose in any time period of five days or less in these rules, except that Saturdays, Sundays and legal holidays shall be counted . . . for purposes of the five-day periods provided for under Rules 748, 749, 749a, 749b, and 749c." TEX. R. CIV. P. 4. (emphasis added).
Generally, in issuing writs of mandamus, our jurisdiction is limited to writs against a judge of a district or county court in the court of appeals district or to enforce our jurisdiction. TEX. GOV'T CODE ANN. § 22.221 (Vernon 2004).
The request for temporary relief and the petition for writ of mandamus are therefore denied.