In Re David Goad v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: July 18, 2023
• Docket: 03-23-00387-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-23-00387-CV

In re David Goad

ORIGINAL PROCEEDING FROM COMAL COUNTY

MEMORANDUM OPINION

Relator has filed a petition for writ of mandamus complaining of the justice

court’s order denying his motion for change of venue. We 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. See Tex. Gov’t Code § 22.221 (writ power of court of appeals); 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.) (citing Mullins v. Holt,

No. 10–13–00114–CV, 2013 WL 2257151 (Tex. App.–Waco May 9, 2013, no pet.) (mem. op.)

(court of appeals has no jurisdiction to issue writ of mandamus against judge of justice

court unless necessary to preserve jurisdiction); Rodriguez v. Womack, No. 14–10–01213–CV,

2012 WL 19659 (Tex. App.–Houston [14th Dist.] Jan. 5, 2012, pet. denied) (mem. op.) (noting

court of appeals’ lack of jurisdiction to issue mandamus against justice court). Relator does not

argue or show that a writ of mandamus is necessary to preserve our jurisdiction. Therefore, we

lack jurisdiction to issue a writ of mandamus against the justice of the peace or justice court. See

In re Smith, 355 S.W.3d 901, 901–02 (Tex. App.–Amarillo 2011, orig. proceeding) (per curiam) (where appellants did not argue or show writ was necessary to preserve jurisdiction, appellate

court lacked jurisdiction to issue writ of mandamus against justice of peace).

Having reviewed the petition and the record provided, we dismiss the petition for

want of jurisdiction. See Tex. R. App. P. 52.8(a).

__________________________________________ Chari L. Kelly, Justice

Before Chief Justice Byrne, Justices Kelly, and Theofanis

Filed: July 18, 2023