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Click here for the full text of this decision FACTS:Nelta and Chris Balshaw filed suit against “George Jones DBA J&J Tree Service” in small claims court. The judge entered a $5,000 judgment in their favor against George Jones. Jones now filed for a writ of mandamus on the basis that the judge entered the judgment against him personally, instead of in the capacity of the entity the Balshaws sued. He claims that he is entitled to mandamus because he has no adequate appellate relief; that is, the appellate court does not have jurisdiction over appeals from small claims court. HOLDING:Writ denied. While the court agrees that it has no jurisdiction to hear an appeal from the judgment presumably signed by the small claims court judge (the judgment was not attached to the Jones’ petition for writ), Jones cites no authority holding that the requirement of a lack of appellate remedy is satisfied because the court of appeals lacks jurisdiction to hear an appeal. “If we were to construe our mandamus writ power in this manner, we would effectively circumvent the legislature’s restriction in Government Code section 28.053(d) of our appellate jurisdiction.” OPINION:Per curiam; Radack, C.J., Taft and Higley, JJ.

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