in Re Julia Faye Pearson/Judge William D. Old, III

Court of Appeals of Texas

in Re Julia Faye Pearson/Judge William D. Old, III

DecidedMay 26, 2016

Docket14-16-00406-CV

StatusPublished

This text of in Re Julia Faye Pearson/Judge William D. Old, III (in Re Julia Faye Pearson/Judge William D. Old, III) 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.

Bluebook

in Re Julia Faye Pearson/Judge William D. Old, III, (Tex. Ct. App. 2016).

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Opinion

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed May 26, 2016.

In The

Fourteenth Court of Appeals

NO. 14-16-00406-CV

IN RE JULIA FAYE PEARSON, Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS 25th District Court Gonzales County, Texas

MEMORANDUM OPINION

On May 17, 2016, relator Julia Faye Pearson filed a petition for writ of mandamus in this court. See Tex. Gov’t Code Ann. § 22.221 (West 2004); see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the Honorable William Old, III, presiding judge of the 25th District Court of Gonzales County, to “entertain” and/or “adjudicate” all pro se documents relator has filed in the underlying case, reinstate the underlying case, or recuse himself from the underlying case.

Section 22.221 of the Texas Government Code expressly limits the mandamus jurisdiction of the court of appeals to: (1) writs against a “judge of a district or county court in the court of appeals district”; and (2) all writs necessary to enforce the court of appeals’ jurisdiction. Tex. Gov’t Code Ann. § 22.221. Gonzales County is not within our appellate district. See Tex. Gov’t Code Ann. § 22.201(o) (West Supp. 2015). Instead, Gonzales County is within the Thirteenth Court of Appeals district. Id. § 22.201(n). Because Gonzales County is not in our appellate district and mandamus relief is not necessary to enforce this court’s jurisdiction, we have no authority to issue a writ of mandamus directed at the presiding judge of the 25th District Court.

Accordingly, we dismiss relator’s petition for writ of mandamus for lack of jurisdiction.

PER CURIAM

Panel consists of Chief Justice Frost and Justices McCally and Brown.

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Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed May 26, 2016.

In The

Fourteenth Court of Appeals

NO. 14-16-00406-CV

IN RE JULIA FAYE PEARSON, Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS 25th District Court Gonzales County, Texas

MEMORANDUM OPINION

On May 17, 2016, relator Julia Faye Pearson filed a petition for writ of mandamus in this court. See Tex. Gov’t Code Ann. § 22.221 (West 2004); see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the Honorable William Old, III, presiding judge of the 25th District Court of Gonzales County, to “entertain” and/or “adjudicate” all pro se documents relator has filed in the underlying case, reinstate the underlying case, or recuse himself from the underlying case.

Section 22.221 of the Texas Government Code expressly limits the mandamus jurisdiction of the court of appeals to: (1) writs against a “judge of a district or county court in the court of appeals district”; and (2) all writs necessary to enforce the court of appeals’ jurisdiction. Tex. Gov’t Code Ann. § 22.221. Gonzales County is not within our appellate district. See Tex. Gov’t Code Ann. § 22.201(o) (West Supp. 2015). Instead, Gonzales County is within the Thirteenth Court of Appeals district. Id. § 22.201(n). Because Gonzales County is not in our appellate district and mandamus relief is not necessary to enforce this court’s jurisdiction, we have no authority to issue a writ of mandamus directed at the presiding judge of the 25th District Court.

Accordingly, we dismiss relator’s petition for writ of mandamus for lack of jurisdiction.

PER CURIAM

Panel consists of Chief Justice Frost and Justices McCally and Brown.

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in Re Julia Faye Pearson/Judge William D. Old, III, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-julia-faye-pearsonjudge-william-d-old-iii-texapp-2016.