Ex Parte Brian Cole v. the State of Texas

Summary

The Fort Worth Court of Appeals dismissed Brian Cole's appeals for want of jurisdiction because the trial court had not signed a final judgment or other appealable order addressing his pretrial habeas corpus applications. The court also declined to abate the appeals or compel a ruling because Cole's filings did not satisfy the requirements for a mandamus petition.

Holdings

1. The court of appeals lacked jurisdiction because the trial court had signed neither a final judgment nor an appealable interlocutory order.
2. Cole was not entitled to mandamus relief because his filings did not satisfy the requirements of Texas Rule of Appellate Procedure 52.

Questions Presented

1. Whether the court of appeals had appellate jurisdiction over appeals from the trial court's failure to rule on pretrial habeas applications when no final judgment or appealable order had been signed.
2. Whether Cole's jurisdictional response could support mandamus relief compelling the trial court to hear and rule on his habeas applications.

Disposition

dismissed