Opinion
NO. 14-16-00249-CV
04-04-2016
IN RE HOUSTON HOUSING AUTHORITY, Relator
ORIGINAL PROCEEDING WRIT OF MANDAMUS
Civil County Court at Law No. 3 Harris County, Texas
Trial Court Cause No. 1072783
ORDER
On March 29, 2016, relator Houston Housing Authority filed a petition for writ of mandamus in this court. Relator requests that we compel the Honorable Mike Parrott, Justice of the Peace, Precinct 3, Harris County, to vacate his January 20, 2016 new-trial order and reinstate his December 30, 2016 judgment or, in the alternative, state the reasons for granting a new trial. On March 30, 2016, relator filed a motion for temporary stay of the all proceedings in the justice court, including the April 19, 2016 trial date. See Tex. R. App. P. 52.10.
Section 22.221 of the Texas Government Code expressly limits jurisdiction of the courts of appeals to: (1) writs against a district court judge or a county court judge in the court of appeals' district; and (2) all writs necessary to enforce the court of appeals' jurisdiction. Tex. Gov't Code Ann. § 22.221 (West 2004). We do not have jurisdiction to issue a writ of mandamus against a justice of the peace unless the writ is necessary to enforce this court's jurisdiction. See In re Smith, 355 S.W.3d 901-02 (Tex. App.—Amarillo 2011, orig. proceeding). Relator's petition does not demonstrate that the relief he requests against Judge Parrott is necessary to enforce this court's jurisdiction. Therefore, we are without jurisdiction to stay the proceedings in the justice court.
Alternatively, in his petition, relator requests that we compel the Honorable Linda Storey, presiding judge of Civil County Court at Law No. 3 of Harris County, to grant relator's petition for writ of mandamus, which relator filed in the county court, requesting that Judge Storey compel Judge Parrott to set aside his new- trial order and reinstate the judgment or, in the alternative, state the reasons for granting a new trial.
Relator requested a stay of the justice court's proceedings, including a January 27, 2016 trial setting, in its petition for writ of mandamus filed in the county court. Nothing in the mandamus record before this court indicates that relator has sought a stay of the April 19, 2016 justice court trial setting from Judge Storey while relator's petition for writ of mandamus is pending in this court.
We deny relator's motion to stay the proceedings in the justice court.
PER CURIAM Panel consists of Chief Justice Frost and Justices Boyce and Wise.