In Re Rodriguez (Tex.App.- Houston [14th Dist.] Oct. 13, 2009)(per curiam dismissal)
(court of appeals does not have jurisdiction to issue mandamus against
judge of small claims court)
DISMISSED: Per Curiam  
Before Justices Brock Yates, Frost and Brown
14-09-00824-CV In Re Arcadio D. Rodgriguez  
Appeal from County Civil Court at Law No 3 of Harris County
Trial Court
Judge: Linda Storey

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

       On September 25, 2009, Relator, Arcadio D. Rodriguez, filed a petition for writ of mandamus
in this Court.  See Tex. Gov’t Code Ann §22.221 (Vernon 2004); see also Tex. R. App. P. 52.1.  In
his petition, relator asks this court to compel the Honorable Russ Ridgway, judge of the Small
Claims Court Harris County Precinct 5, to vacate his orders of October 27, 2008, and July 31,
2009.

       This Court’s mandamus jurisdiction is governed by section 22.221 of the Texas Government
Code.  Section 22.221 expressly limits the mandamus jurisdiction of the courts of appeals to: (1)
writs against a district court judge or county court judge in the court of appeals’ district, and (2) all
writs necessary to enforce the jurisdiction of the court of appeals.  Tex. Gov’t Code Ann. § 22.221
(Vernon 2004).  This court does not have jurisdiction to issue writ of mandamus against a small
claims court judge.  See Tex. Gov’t Code Ann. § 22.221(a), (b) (Vernon 2004).  Neither does the
court have jurisdiction over appeals originally filed in small claims court.  See Sultan v. Mathew,
178 S.W.3d 747, 748 (Tex. 2005).  Therefore, jurisdiction does not lie for enforcement of this court’
s jurisdiction.

       Accordingly, the petition for writ of mandamus is ordered dismissed.

                                                       PER CURIAM

Panel consists of Justices Yates, Frost, and Brown.