In re Nixon

Full title: IN RE VIVIAN NIXON, Relator

Court: Court of Appeals of Texas, Fifth District, Dallas

Date published: Apr 19, 2005

No. 05-05-00501-CV (Tex. App. Apr. 19, 2005)

Opinion

No. 05-05-00501-CV

Opinion Issued April 19, 2005.

Original Proceeding from the Justice of the Peace Court No. 1-2, Dallas County, Texas, Trial Court Cause No. JC0400417K.

Writ of Mandamus Dismissed.

Before Justices MOSELEY, BRIDGES, and FRANCIS.

MEMORANDUM OPINION

Opinion By Justice FRANCIS.

Relator contends the justice of the peace erred in not transferring her case to Denton County. A court of appeals only has jurisdiction to issue writs authorized by section 22.221 of the government code. Section 22.221 authorizes a court of appeals to issue writs against district and county courts and as necessary to protect the jurisdiction of the court of appeals. Tex. Gov't Code Ann. § 22.221 (Vernon 2004). A court of appeals does not have jurisdiction to issue a writ of mandamus against a justice of the peace. Casner v. Rosas, 943 S.W.2d 937, 938 (Tex.App.-El Paso 1997, orig. proceeding); Easton v. Franks, 842 S.W.2d 772, 773 (Tex.App.-Houston [1^st Dist.] 1992, orig. proceeding). Accordingly, the Court DISMISSES this original proceeding for lack of jurisdiction. Tex.R.App.P. 52.8.