In re Larissa Baskin

Summary

The Texas Court of Appeals, Third District, dismissed Larissa Baskin’s petition for writ of mandamus for want of jurisdiction. The court held that it lacked authority to issue a mandamus writ against a justice of the peace where the writ was not necessary to enforce the court’s appellate jurisdiction.

Holdings

1. The court of appeals lacked jurisdiction over Baskin's mandamus petition because the petition sought a writ against a justice of the peace, the requested writ was not necessary to enforce the court's appellate jurisdiction, and the statutory exceptions for certain magistrates and associate judges did not apply.

Questions Presented

1. Whether the Texas Court of Appeals, Third District, had jurisdiction to issue a writ of mandamus against a justice of the peace.

Disposition

dismissed