In re Jaime Luevano

Summary

The Eighth District Court of Appeals of Texas dismissed Jaime Luevano’s petition for writ of mandamus for want of jurisdiction. The court held that it lacked jurisdiction to compel a law school to review evidence or appoint counsel and that Luevano had not alleged that mandamus was necessary to enforce the court’s jurisdiction.

Holdings

1. A filing seeking to compel another party to perform an act is construed as a petition for writ of mandamus.
2. The court of appeals lacks jurisdiction to issue a writ of mandamus against a law school when the petition does not allege that mandamus is necessary to enforce the court’s jurisdiction.

Questions Presented

1. Whether the court of appeals had jurisdiction to issue a writ of mandamus compelling a law school to review evidence and appoint counsel.
2. Whether the filing should be construed as a petition for writ of mandamus.

Disposition

dismissed