In re Ijeoma A. Ejem

No. 03-26-00078-CV · Texas Court of Appeals, Third District, Austin · January 29, 2026 · No. 03-26-00078-CV

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

  1. 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

  1. 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.

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