In Re Gabriel Sanchez v. the State of Texas

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-25-00599-CV

In re Gabriel Sanchez

ORIGINAL PROCEEDING FROM WILLIAMSON COUNTY

MEMORANDUM OPINION

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

court’s order denying relator’s special appearance, plea in abatement, and motion to show cause

in the underlying matter. 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.) (mem. op.) (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 mandamus is necessary

to preserve our jurisdiction in this case. 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.1

__________________________________________ Gisela D. Triana, Justice

Before Justices Triana, Kelly and Theofanis

Filed: August 19, 2025

1 The caption of relator’s petition names as respondent “HON. EVELYN MCLEAN, Judge, Justice Court, Pct. 3, Williamson County, Texas,” but the body of the petition twice refers to the respondent as “Justice Court, Precinct 3, Tarrant County,” which, if true, would constitute an independent ground for dismissal as Tarrant County is not within our district. Compare Tex. Gov’t Code § 22.221(d) (listing twenty-four counties in Third Court’s district), with id. § 22.201(c) (including Tarrant County in list of counties in Second Court’s district). From context, including the documents attached in relator’s appendix, it appears that the Williamson County justice court is the correct respondent and that the references to Tarrant County are mere errata. 2