In re R. Wayne Johnson

Summary

The Fourth Court of Appeals of Texas declined to act on the relator’s amended petition for writ of mandamus because the underlying case had been removed to federal court. The court stated that it could proceed no further unless and until the federal court remanded the case, and ordered that the proceeding remain inactive pending a certified remand order.

Holdings

1. After the underlying case was removed to federal court, the Texas Court of Appeals could proceed no further unless and until the federal court remanded the case; therefore, it could not take action on the amended writ of mandamus.

Questions Presented

1. Whether the Texas Court of Appeals could act on an amended petition for mandamus after the underlying case had been removed to federal court.

Disposition

other