In re Quintilya Thomas

Summary

The Eighth Court of Appeals of Texas dismissed a relator’s emergency motion for temporary relief and stay because it was filed without an accompanying petition for writ of mandamus. The dismissal was for want of jurisdiction and was without prejudice to refiling after a mandamus petition is filed.

Holdings

1. A relator must file a petition for writ of mandamus to commence an original appellate proceeding; a motion for temporary relief pending mandamus filed without a petition does not invoke the Court of Appeals' jurisdiction.

Questions Presented

1. Whether the Court of Appeals has jurisdiction to consider a motion for temporary relief pending mandamus when the relator has not filed a petition for writ of mandamus.

Disposition

dismissed