In Re Alicia Sheppard v. the State of Texas

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-26-00146-CV

In re Alicia Sheppard

ORIGINAL PROCEEDING FROM WILLIAMSON COUNTY

MEMORANDUM OPINION

Relator Alicia Sheppard has filed a petition for writ of mandamus and emergency motion to stay seeking relief from the justice court’s order appointing a receiver. However, “[w]e lack jurisdiction to issue a writ of mandamus against a justice of the peace or justice court unless it is necessary to preserve our jurisdiction.” Twenty First Century Holdings, Inc. v. Precision Geothermal Drilling, L.L.C., No. 03-13-00081-CV, 2015 WL 1882267, at *6 (Tex. App.—Austin Apr. 23, 2015, no pet.) (mem. op.) (first citing Tex. Gov’t Code § 22.221; then citing Mullins v. Holt, No. 10-13-00114-CV, 2013 WL 2257151, at *2 (Tex. App.—Waco May 9, 2013, no pet.) (mem. op.); and then citing Rodriguez v. Womack, No. 14-10-01213-CV, 2012 WL 19659, at *2 (Tex. App.—Houston [14th Dist.] Jan. 5, 2012, pet. denied) (mem. op.)). Relator does not argue or show that a writ of mandamus is necessary to preserve our jurisdiction. Therefore, we lack jurisdiction to issue the relief requested in this case. See id. Accordingly, we dismiss for want of jurisdiction Relator’s petition for writ of mandamus and emergency motion to stay.

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Maggie Ellis, Justice

Before Justices Triana, Kelly, and Ellis Filed: February 13, 2026