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In re Fountain

Court of Appeals Fifth District of Texas at Dallas
Aug 21, 2017
No. 05-17-00949-CV (Tex. App. Aug. 21, 2017)

Opinion

No. 05-17-00949-CV

08-21-2017

IN RE BRETT FOUNTAIN, Relator


Original Proceeding from the Justice of the Peace, Precinct 3 Rockwall County, Texas
Trial Court Cause No. JP3-16-0565

MEMORANDUM OPINION

Before Justices Lang, Evans, and Stoddart
Opinion by Justice Lang

Before the Court is relator's August 14, 2017 petition for writ of mandamus in which relator complains that a Rockwall County Justice of the Peace has not ruled on relator's motion to recuse. Relator asks the Court to order the justice court to disqualify the justice of the peace and vacate the justice of the peace's orders in the underlying proceeding or, alternatively, to order the justice of the peace to rule on the motion to recuse and to recuse himself from the case.

This Court does not have writ jurisdiction over a justice of the peace unless the justice is interfering with our appellate jurisdiction. TEX. GOV'T. CODE ANN. § 22.221(a)-(b) (West 2004) (court of appeals may only issue writ of mandamus against district and county judges or as necessary to enforce jurisdiction of appellate court); see also In re Wilkerson, No. 05-16-00322-CV, 2016 WL 1320815, at *1 (Tex. App.—Dallas Apr. 5, 2016, orig. proceeding) (citing In re Simpson, 997 S.W.2d 939, 939 (Tex. App.—Waco 1999, orig. proceeding)). No appeal related to relator is pending in this Court and, therefore, our jurisdiction is not in jeopardy. Accordingly, we dismiss this proceeding for want of jurisdiction.

/s/Douglas S. Lang/

DOUGLAS S. LANG

JUSTICE 170949F.P05


Summaries of

In re Fountain

Court of Appeals Fifth District of Texas at Dallas
Aug 21, 2017
No. 05-17-00949-CV (Tex. App. Aug. 21, 2017)
Case details for

In re Fountain

Case Details

Full title:IN RE BRETT FOUNTAIN, Relator

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Aug 21, 2017

Citations

No. 05-17-00949-CV (Tex. App. Aug. 21, 2017)

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