Court of Civil Appeals of Texas, 2023

In Re Dan H. Hennigan v. the State of Texas

In Re Dan H. Hennigan v. the State of Texas
Court of Civil Appeals of Texas · Decided July 25, 2023

In Re Dan H. Hennigan v. the State of Texas

Opinion

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed July 25, 2023.

In The Fourteenth Court of Appeals NO. 14-23-00460-CV

IN RE DAN H. HENNIGAN, Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS 10th District Court Galveston County, Texas Trial Court Cause No. 22-CV-2293 MEMORANDUM OPINION On June 30, 2023, relator Dan H. Hennigan filed a petition for writ of mandamus in this court. See Tex. Gov’t Code Ann. § 22.221; see also Tex. R. App. P. 52. In the petition, relator names Mortgage Assets Management, LLC as respondent and states that he is seeking damages from it.

This court’s mandamus jurisdiction is governed by section 22.221 of the Texas Government Code. A court of appeals may issue writs of mandamus against (1) a judge of a district, statutory county, statutory probate county, or county court in the court of appeals district; (2) a judge of a district court who is acting as a magistrate at a court of inquiry under Chapter 52 of the Texas Code of Criminal Procedure in the court of appeals district; or (3) an associate judge of a district or county court appointed by a judge under Chapter 201 of the Texas Family Code in the court of appeals district for the judge who appointed the associate judge. Tex. Gov’t Code Ann. § 22.221(b). The courts of appeals also may issue all writs necessary to enforce the court of appeals’ jurisdiction. Id. § 22.221(a).

Mortgage Assets Management, LLC is not among the parties specified in section 22.221(b). See id. § 22.221(b). Moreover, relator has not shown that the issuance of a writ compelling the requested relief is necessary to enforce our appellate jurisdiction. See id. § 22.221(a). Therefore, we lack jurisdiction to issue a writ of mandamus against Mortgage Assets Management, LLC.

Accordingly, relator’s petition for writ of mandamus is dismissed for lack of jurisdiction.

PER CURIAM Panel consists of Justices Jewell, Hassan, and Wilson.

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