STEVEN ROTHACKER v. ROCKWALL COUNTY COURT (2010)

MEMORANDUM OPINION

Opinion By Justice Myers

Appellant was convicted in a municipal court of the offense of speeding and assessed a fine of $197.   Appellant filed a petition for writ of mandamus with the Rockwall County Court because the municipal court had “failed to rule what these ‘Dollars' are and how they are complying with State law and the U.S. Constitution.”   On February 3, 2010, according to the docket sheet in the clerk's record, the county court denied appellant the writ of mandamus.   On April 7, 2010, the court signed an order denying both the writ of mandamus and a subsequent motion to reconsider the writ of mandamus.   Appellant then brought this appeal.   In his prayer for relief, appellant asks this Court to reverse the Rockwall County Court's decision denying the writ of mandamus and order the county court to “enforce the mandamus.”   We affirm the county court's denial of the writ of mandamus.

County courts have jurisdiction to issue writs of mandamus in civil cases when the amount in controversy exceeds $200 but does not exceed $10,000 or where the writ is necessary to the enforcement of the county court's jurisdiction.   Tex. Gov't Code Ann. §§ 26.042, .051 (West 2004 & Supp.2010);  see City of Lubbock v. Green, 312 S.W.2d 279, 283 (Tex.Civ.App.-Amarillo 1958, no writ).   In a criminal case, however, the county court's jurisdiction to issue writs of mandamus is limited to enforcement of its appellate jurisdiction.   See McIntosh v. Watts, 5 S.W.2d 1003, 1005 (Tex.Civ.App.-Waco 1928, no writ).

In this case, the record does not show the county court had jurisdiction to issue the writ of mandamus.   Appellant's fine did not exceed $200, and nothing indicates the writ was necessary to enforce the county court's appellate jurisdiction.   Accordingly, we conclude the trial court did not err in denying the writ of mandamus.

We affirm the county court's order denying the writ of mandamus.

LANA MYERS JUSTICE