In Re Elizabeth Wright v. the State of Texas
CourtTexas Court of Appeals, 1st District (Houston)
Date FiledOctober 9, 2026
Docket01-26-00993-CV
StatusPublished
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Full Opinion
Opinion issued October 9, 2026
In The
Court of Appeals
For The
First District of Texas
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NO. 01-26-00993-CV
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IN RE ELIZABETH WRIGHT, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, Elizabeth Wright, proceeding pro se, filed a petition for writ of
mandamus challenging a September 25, 2026 judgment in the underlying eviction
proceeding in the Justice Court, Precinct 6, Place 2 of Harris County, Texas.1
Relator requested that this Court issue a writ of mandamus compelling the justice
1
The underlying case is 7065 Bellfort, LLC as Agent for 7065 Bellfort LLC v.
Elizabeth Marie Wright and All Other Occupants, Cause No. 266200400968, in the
Justice Court, Precinct 6, Place 2 of Harris County, Texas, the Honorable Angela D.
Rodriguez presiding.
court to “stay enforcement of the September 25, 2026 judgment” and to further stay
issuance and execution of any writ of possession.
In connection with her petition for writ of mandamus, relator also filed an
“Emergency Motion for Immediate Temporary Relief and Stay Under Texas Rule
of Appellate Procedure 52.10.” In her motion, relator requested emergency relief in
the form of a stay of enforcement of the justice court’s September 25, 2026 judgment
pending the Court’s review of her petition for writ of mandamus.
An appellate court may issue a writ of mandamus against judges of a district,
statutory county, statutory probate, or a county court in the court of appeals district.
See TEX. GOV’T CODE ANN. § 22.221(b). Relator’s petition for writ of mandamus
requested that this Court issue a writ of mandamus against a justice court. This Court
lacks mandamus jurisdiction over a justice court. See TEX. GOV’T CODE ANN.
§ 22.221(b)–(c); see also In re Castro, No. 02-23-00489-CV, 2024 WL 23627, at *1
(Tex. App.—Fort Worth Jan. 2, 2024, orig. proceeding) (mem. op.) (dismissing
petition for writ of mandamus for want of jurisdiction where relator challenged
“actions of a justice of the peace”); In re Garcia, No. 13-18-00651-CV, 2018 WL
6219254, at *2 (Tex. App.—Corpus Christi–Edinburg Nov. 28, 2018, orig.
proceeding) (mem. op.) (“This Court does not have jurisdiction to issue a writ of
mandamus against a justice of the peace.”).
2
Accordingly, we conclude that we lack jurisdiction to grant the mandamus
relief requested by relator. We therefore dismiss relator’s petition for writ of
mandamus for lack of jurisdiction. We dismiss any pending motions, including
relator’s “Emergency Motion for Immediate Temporary Relief,” as moot.
PER CURIAM
Panel consists of Justices Caughey, Morgan, and Dokupil.
3