Full Opinion

Opinion issued August 11, 2026 In The Court of Appeals For The First District of Texas ———————————— NO. 01-26-00787-CV ——————————— IN RE PATRICIA ANN POTTS, Relator Original Proceeding on Petition for Writ of Mandamus MEMORANDUM OPINION Relator, Patricia Ann Potts, a vexatious litigant subject to a pre-filing order, and proceeding pro se, filed a petition for writ of mandamus alleging that the trial court had failed to perform its ministerial duty “to rule on [r]elator’s pending emergency motions.”1 Relator’s petition identified three separate lower court cause 1 Relator’s petition for writ of mandamus fails to meet the requirements of the Texas Rules of Appellate Procedure by failing to identify the real party/parties in interest to the original proceeding and failing to identify the parties served with her original proceeding. See TEX. R. APP. P. 9.5(e), 52.3(b). The petition for writ of mandamus numbers, including cause number 267200185206, pending in the Harris County Justice Court, Precinct 7, Place 2. However, relator failed to provide a mandamus record or appendix, including, but not limited to, a mandamus record or appendix containing any “pending emergency motions” which she alleges the respondent trial court has refused to rule. See TEX. R. APP. P. 52.3(l)(1), 52.7(a)(1). 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 requests 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.”). identifies the respondent as the Honorable Sharon M. Burney, the presiding judge of the Harris County Justice Court, Precinct 7, Place 2. 2 Additionally, as noted above, relator has been declared a vexatious litigant and is subject to a pre-filing order. The Clerk of this Court may not file an original proceeding in a civil matter presented by a vexatious litigant subject to a pre-filing order unless: (1) the relator first obtains an order from the local administrative judge permitting the filing or (2) the relator is appealing from a pre-filing order declaring her a vexatious litigant. See TEX. CIV. PRAC. & REM. CODE ANN. § 11.103(a), (d). Relator’s petition for writ of mandamus does not challenge the order declaring her a vexatious litigant, nor has relator provided any indication that she obtained permission prior to filing this original proceeding. 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 as moot. PER CURIAM Panel consists of Justices Caughey, Johnson, Dokupil. 3