Unreported / Non-Citable
Background
Elizabeth Wright, proceeding pro se, sought mandamus relief from a September 25, 2026 judgment entered against her in an eviction proceeding in the Justice Court, Precinct 6, Place 2 of Harris County, Texas.
Wright asked the First Court of Appeals to compel the justice court to stay enforcement of the judgment and the issuance or execution of any writ of possession. She also filed an emergency motion under Texas Rule of Appellate Procedure 52.10 seeking an immediate stay while the appellate court considered her petition.
The Court’s Holding
The court held that it lacked jurisdiction to issue mandamus relief against a justice court. Texas Government Code § 22.221 authorizes a court of appeals to issue mandamus against specified judges within its district, including judges of district, statutory county, statutory probate, and county courts, but does not grant that authority over justice courts.
Because Wright sought a writ directed to a justice court, the court dismissed her mandamus petition for lack of jurisdiction. It also dismissed all pending motions, including her emergency motion for temporary relief, as moot.
Key Takeaways
- A Texas court of appeals lacks mandamus jurisdiction over a justice court under Texas Government Code § 22.221.
- The court therefore could not order the justice court to stay enforcement of its eviction judgment or halt a writ of possession.
- Dismissal of the petition for lack of jurisdiction rendered Wright’s emergency stay request moot.
Why It Matters
The decision underscores that mandamus jurisdiction depends on the identity of the official or court against which relief is sought. A litigant challenging a justice court’s actions cannot obtain mandamus relief directly against that court from a Texas intermediate appellate court under § 22.221.