In re Kai Nonamé

Summary

The Texas Court of Appeals, Third District, dismissed Kai Nonamé’s emergency motion for temporary relief because the anticipated original habeas corpus and mandamus proceeding had not yet been filed. The court held that Texas Rule of Appellate Procedure 52.10 permits temporary relief only after commencement of an original proceeding and dismissed the motion without prejudice to refiling.

Holdings

1. An appellate court lacks jurisdiction to grant emergency temporary relief under Rule 52.10 unless the petition initiating the original proceeding has first been filed.

Questions Presented

1. Whether the court may grant emergency temporary relief under Texas Rule of Appellate Procedure 52.10 before an original habeas corpus or mandamus petition has been filed.

Disposition

dismissed