In re Anabel Lopez Perez

Summary

The Third Court of Appeals of Texas dismissed a pro se petition for writ of mandamus for want of jurisdiction. The court held that it lacked mandamus jurisdiction over the Austin County Court at Law because Austin County lies outside the court’s appellate district, and the relator had not shown that mandamus was necessary to enforce appellate jurisdiction.

Holdings

1. The Third Court of Appeals does not have mandamus jurisdiction over court officials of Austin County because Austin County lies outside the court's appellate district.
2. Relator did not demonstrate that exercising the court's writ power was necessary to enforce the court's appellate jurisdiction.

Questions Presented

1. Whether the Texas Court of Appeals for the Third District had mandamus jurisdiction over the presiding judge of the Austin County Court at Law.
2. Whether relator demonstrated that issuance of a writ was necessary to enforce the court's appellate jurisdiction.

Disposition

dismissed