In re Richard Terence Jenkins

Summary

The Eighth District Court of Appeals of Texas dismissed Richard Terence Jenkins’s petition for writ of mandamus for lack of jurisdiction because it sought relief against a justice court. The court also dismissed Jenkins’s emergency motion as moot.

Holdings

1. The Court of Appeals lacks jurisdiction to issue a writ of mandamus against a justice court or justice of the peace unless the writ is necessary to enforce the appellate court's jurisdiction; Jenkins made no such showing.
2. The emergency motion for relief was dismissed as moot because the mandamus petition was dismissed.

Questions Presented

1. Whether the Court of Appeals had jurisdiction to issue mandamus relief against a justice court or justice of the peace.
2. Whether Jenkins's emergency motion should be dismissed as moot after dismissal of the mandamus petition.

Disposition

dismissed