In Re Gavin Wilbur West v. the State of Texas
This text of In Re Gavin Wilbur West v. the State of Texas (In Re Gavin Wilbur West 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
Opinion issued February 27, 2025
In The
Court of Appeals For The
First District of Texas ———————————— NO. 01-25-00117-CV ——————————— IN RE GAVIN WILBUR WEST, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator Gavin Wilbur West, acting pro se, has filed a petition for writ of
mandamus, complaining that the trial court has abused its discretion in refusing to
rule on his motion to dismiss real party in interest’s application for a family-violence
protective order.1 Relator also seeks sanctions.
1 The underlying case is Amy Michelle Paul v. Gavin Wilbur West, cause number 25- DCV-324874, pending in the 328th District Court of Fort Bend County, Texas, the Honorable Monica Rawlins presiding. Although relator has not included the required identity of parties, see TEX. R.
APP. P. 52.3(a), his petition indicates that his complaints concern the lack of action
by the Honorable Felishia Young, Associate Judge of the 328th District Court.
Although relator mentions the Honorable Monica Rawlins, the Presiding Judge of
the 328th District Court,2 he presents no argument seeking relief concerning any
actions by Judge Rawlins. The appellate court lacks mandamus jurisdiction over an
associate judge. See TEX. GOV’T CODE § 22.221(b).
Accordingly, we dismiss the petition for lack of jurisdiction. See TEX. R. APP.
P. 52.8. Because this Court lacks jurisdiction, we need not reach any other issues
raised in the petition. Any pending motions are likewise dismissed as moot.
PER CURIAM Panel consists of Justices Rivas-Molloy, Johnson, and Dokupil.
2 Relator states: “Judge Rowlings [sic] handling of the De Novo, has been equally inappropriate, but was likely caused by Judge Young’s failure to record her rulings/decisions, refusal to hear Motions, and refusal to set Hearings, thus creating of a “legal limbo” designed to punish the Respondent.” 2
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