Summary
The Texas Court of Appeals, Third District, dismissed a petition for writ of mandamus for want of jurisdiction. The court held that it lacked authority to issue mandamus against a justice of the peace or justice court because the relator did not show that the writ was necessary to preserve the appellate court’s jurisdiction.
Holdings
- A Texas court of appeals lacks jurisdiction to issue a writ of mandamus against a justice of the peace or justice court unless issuing the writ 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 of the peace or justice court when the relator did not show that the writ was necessary to preserve the court's jurisdiction.
Disposition
dismissed
Cases Cited (4)
- 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 (Tex. App.—Waco May 9, 2013, no pet.) (mem. op.)(followed)
- Rodriguez v. Womack, No. 14-10-01213-CV, 2012 WL 19659 (Tex. App.—Houston [14th Dist.] Jan. 5, 2012, pet. denied) (mem. op.)(followed)
- In re Smith, 355 S.W.3d 901, 901–02 (Tex. App.—Amarillo 2011, orig. proceeding) (per curiam)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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