Unreported / Non-Citable
Background
Nannette Carley filed an original petition for a writ of mandamus in the Texas Ninth Court of Appeals. She asked the appellate court to compel the 334th District Court of Harris County to rule on evidence concerning whether IRS lien notices placed on her titles conveyed any interest in the properties.
The proceeding arose from Trial Cause No. 2025 74170 in the 334th District Court of Harris County. The appellate court addressed whether it had authority to issue mandamus relief against a judge of that court.
The Court’s Holding
The Ninth Court of Appeals held that Carley failed to establish its mandamus jurisdiction. Under Texas Government Code § 22.221(b), a court of appeals may issue a writ of mandamus against a district-court judge within that appellate court’s district.
Harris County is not among the counties comprising the Ninth Court of Appeals District under Texas Government Code § 22.201(j). Because Carley sought relief against a district-court judge outside the Ninth District, the court dismissed her mandamus petition without reaching the merits of her arguments about the IRS lien notices.
Key Takeaways
- A Texas court of appeals generally may issue mandamus against a district-court judge only when that judge sits within the appellate court’s geographic district.
- The Ninth Court of Appeals District does not include Harris County.
- The dismissal rested on the absence of demonstrated mandamus jurisdiction, not on the merits of Carley’s property or federal tax-lien claims.
Why It Matters
The decision underscores that parties seeking extraordinary relief must file in an appellate court with mandamus authority over the trial-court judge. A petition directed to a judge outside the court’s geographic district may be dismissed before the underlying dispute is considered.