In Re Cliff Stephens v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: July 25, 2025
• Docket: 03-25-00499-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-25-00499-CV

In re Cliff Stephens

ORIGINAL PROCEEDING FROM TRAVIS COUNTY

MEMORANDUM OPINION

Relator Cliff Stephens has filed a pro se petition for writ of mandamus. Having

reviewed the petition, we dismiss the petition for writ of mandamus for want of jurisdiction. See

Tex. R. App. P. 52.8(a).

Relator has listed as respondents the Texas Department of Emergency Management

and Cass County. This Court’s mandamus jurisdiction is expressly limited by statute to: (1) writs

against a district court judge or county court judge in this Court’s district, and (2) all writs

necessary to enforce our jurisdiction. See Tex. Gov’t Code § 22.221. As to the former, the Third

Court of Appeals has jurisdiction of appeals from the trial courts located in Bastrop, Bell, Blanco,

Burnet, Caldwell, Coke, Comal, Concho, Fayette, Hays, Irion, Lampasas, Lee, Llano, McCulloch,

Milam, Mills, Runnels, San Saba, Schleicher, Sterling, Tom Green, Travis, and Williamson

counties. See id. § 22.201(d). This is an original proceeding from Cass County. See id. § 22.221.

Thus, even if that Relator’s petition were directed to a district court, we have no jurisdiction to

issue a writ of mandamus against a district court judge outside this Court’s district. See id. As to

the latter, Relator has not demonstrated that the exercise of our writ power is necessary to enforce our jurisdiction in this case. Therefore, Relator has not established that we have jurisdiction to

issue the writ he seeks.

The petition for writ of mandamus is dismissed for want of jurisdiction. See Tex.

R. App. P. 52.8(a).

__________________________________________ Rosa Lopez Theofanis, Justice

Before Justices Triana, Kelly, and Theofanis

Filed: July 25, 2025