In Re Gabriel Sanchez v. the State of Texas

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-25-00561-CV

In re Gabriel Sanchez

ORIGINAL PROCEEDING FROM WILLIAMSON COUNTY

MEMORANDUM OPINION

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

court’s denial of his motion to dismiss the underlying matter. We lack jurisdiction to issue a writ

of prohibition 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 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 writ against justice court). Relator does not argue or show that a writ of

prohibition is necessary to preserve our jurisdiction. Therefore, we lack jurisdiction to issue the

requested writ. 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 against justice of peace).

Accordingly, the petition is dismissed for want of jurisdiction.

__________________________________________ Gisela D. Triana, Justice

Before Justices Triana, Kelly and Theofanis

Filed: August 5, 2025