In re Juan Edgar Ochoa, Jr.

In re Ochoa · Court of Appeals of Texas, Fourth District · January 12, 2011 · No. 04-10-00914-CV

Summary

The Texas Fourth Court of Appeals denied or dismissed Juan Edgar Ochoa’s petition for writ of mandamus for lack of jurisdiction. The court held that it generally lacked authority to issue mandamus against a justice of the peace and that the requested relief was not necessary to enforce the court’s appellate jurisdiction.

Holdings

  1. The court of appeals lacks mandamus jurisdiction over a justice of the peace unless issuing the writ is necessary to enforce the court's appellate jurisdiction.
  2. The requested relief was not necessary to enforce the court of appeals' appellate jurisdiction.

Questions Presented

  1. Whether the court of appeals had mandamus jurisdiction to issue a writ against a justice of the peace.
  2. Whether the requested relief was necessary to enforce the court of appeals' appellate jurisdiction.

Disposition

dismissed

Cases Cited (0)

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