Summary
The Texas Court of Appeals for the Third District dismissed Alicia Sheppard’s petition for writ of mandamus and emergency motion to stay. The court held that it lacked jurisdiction to issue mandamus relief against a justice court because Sheppard had not shown that the writ was necessary to preserve the appellate court’s jurisdiction.
Holdings
- The court of appeals lacks jurisdiction to issue a writ of mandamus against a justice of the peace or justice court unless mandamus is necessary to preserve the court of appeals' jurisdiction.
Questions Presented
- Whether the court of appeals had jurisdiction to issue a writ of mandamus against a justice court or justice of the peace when the relator did not show that mandamus was necessary to preserve the appellate court's jurisdiction.
- Whether the petition for writ of mandamus and emergency motion to stay should be dismissed for want of jurisdiction.
Disposition
dismissed
Cases Cited (3)
- Twenty First Century Holdings, Inc. v. Precision Geothermal Drilling, L.L.C., No. 03-13-00081-CV, 2015 WL 1882267, at *6 (Tex. App.—Austin Apr. 23, 2015, no pet.) (mem. op.)(followed)
- Mullins v. Holt, No. 10-13-00114-CV, 2013 WL 2257151, at *2 (Tex. App.—Waco May 9, 2013, no pet.) (mem. op.)(followed)
- Rodriguez v. Womack, No. 14-10-01213-CV, 2012 WL 19659, at *2 (Tex. App.—Houston [14th Dist.] Jan. 5, 2012, pet. denied) (mem. op.)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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