Opinion
No. 04-14-00637-CV
09-17-2014
IN RE David GOAD
MEMORANDUM OPINION
Original Mandamus Proceeding PER CURIAM Sitting: Catherine Stone, Chief Justice Sandee Bryan Marion, Justice Luz Elena D. Chapa, Justice MOTION DISMISSED FOR LACK OF JURISDICTION
This proceeding arises out of Cause No. JSC4-4995, styled David Goad v. Jamie Osborne, pending in the Justice Court, Precinct 4, Guadalupe County, Texas, the Honorable Todd Friesenhahn presiding.
On September 9, 2014, David Goad filed a pro se motion seeking an immediate stay of proceedings pending in Justice Court No. 4, Guadalupe County, Texas, pursuant to Rule 52.10 of the Texas Rules of Appellate Procedure. Although the attachments to the motion suggest that a petition for writ of mandamus would also be filed, Goad has not filed a petition. Rule 52.10 allows a relator to seek temporary relief "pending the court's action" on a petition. TEX. R. APP. P. 52.10. Implicit in Rule 52.10 is the necessity for a petition to be filed before this court can consider any grant of temporary relief. See id. At this time, there is no controversy before this court. Accordingly, Goad's motion for immediate stay is dismissed for lack of jurisdiction.
It should be noted that this court does not have authority to issue a writ against a justice of the peace. See TEX. GOV'T CODE ANN. § 22.221(a)-(b) (West 2004); see also In re Barrera, No. 04-14-00464-CV, 2014 WL 3014696, at *1 (Tex. App.—San Antonio July 2, 2014, orig. proceeding) (dismissing petition seeking mandamus relief against justice of the peace for lack of jurisdiction).
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PER CURIAM