In Re Eric Kottke v. the State of Texas
This text of In Re Eric Kottke v. the State of Texas (In Re Eric Kottke v. the State of Texas) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-24-00764-CV
In re Eric Kottke
ORIGINAL PROCEEDING FROM TRAVIS COUNTY
MEMORANDUM OPINION
Relator has filed a petition for writ of mandamus complaining of the justice court’s
refusals to stay proceedings in the underlying matter pending interlocutory appeal. 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); In re Goad, No. 03-23-00387-CV, 2023 WL 4604672 (Tex. App.—Austin July 18, 2023,
no pet.) (mem. op.) (citing 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.) (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 justice court in this case. 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 Triana and Kelly
Filed: November 26, 2024
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