In Re Jasmine Jarbis v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: September 26, 2023
• Docket: 01-23-00678-CV
• Status: Published

Opinion

Opinion issued September 26, 2023

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-23-00678-CV ——————————— IN RE JASMINE JARBIS, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, Jasmine Jarbis, has filed a petition for a writ of mandamus

challenging the trial court’s April 19, 2023 and August 10, 2023 orders.1

The record reflects that relator is not a party to the underlying action, and thus,

does not have standing to bring this mandamus proceeding. See In re Gore Family

1 The underlying case is James Allen, Robert L. Thomas, and Allan Haye v. PCF Properties in Texas, LLC v. Elizabeth Thomas, James M. Andersen, and JPMorgan Chase Bank, N.A., Cause No. 2020-35780, in the 80th District Court of Harris County, Texas, the Honorable Jeralynn Manor presiding.

1 Ltd. P’ship, No. 14-18-00761-CV, 2018 WL 4354701, at *1 (Tex. App.—Houston

[14th Dist.] Sept. 13, 2018, orig. proceeding [mand. denied]) (mem. op.) (“Standing

is an element of an appellate court’s subject-matter jurisdiction over a petition for

writ of mandamus.”); In re Guardianship of Jones, No. 05-15-01510-CV, 2015 WL

9304276, at *1 (Tex. App.—Dallas Dec. 22, 2015, orig. proceeding) (mem. op.) (“A

petitioner for mandamus relief must have standing to bring suit just as any other

litigant. A relator has standing to pursue mandamus relief if the relator has a

justiciable interest in the controversy.”); In re Baker, 404 S.W.3d 575, 577–78, 582

(Tex. App.—Houston [1st Dist.] 2010, orig. proceeding) (considering sua sponte

whether relator had standing to bring original proceeding). Relator’s mandamus

petition also does not comply with the Texas Rules of Appellate Procedure. See

TEX. R. APP. P. 9.5(a) (“Service on a party represented by counsel must be made on

that party’s lead counsel.”), 52.3.

We deny the petition. See TEX. R. APP. P. 52.8(a). All pending motions are

dismissed as moot.

PER CURIAM

Panel consists of Chief Justice Adams, and Justices Hightower and Countiss.