Court of Civil Appeals of Texas, 2025

In Re R Wayne Johnson v. the State of Texas

In Re R Wayne Johnson v. the State of Texas
Court of Civil Appeals of Texas · Decided July 29, 2025

In Re R Wayne Johnson v. the State of Texas

Opinion

Opinion issued July 29, 2025

In The Court of Appeals For The First District of Texas ———————————— NO. 01-25-00504-CV ——————————— IN RE R WAYNE JOHNSON, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION Relator R Wayne Johnson seeks a writ of mandamus to compel the respondents the Harris County Clerk and the County Court at Law No. 3 to vacate an order dismissing his underlying suit.1 This Court’s mandamus jurisdiction is governed by the Government Code. See TEX. GOV’T CODE § 22.221. A court of appeals may issue writs of mandamus The underlying case is R Wayne Johnson v. Lee Rosenthal; Keith Ellison; Lynn Hughes, cause number 22-CCV-071029, pending in the County Court at Law No. of Fort Bend, County, Texas, the Honorable Juli Mathew presiding. 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 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 Family Code in the court of appeals district for the judge who appointed the associate judge. Id. § 22.221(b), (c). The courts of appeals also may issue all writs necessary to enforce the court of appeals’ jurisdiction. Id. § 22.221(a).

The county clerk is not specified in section 22.221. 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). Accordingly, to the extent that relator seeks relief against the county clerk, we lack jurisdiction to issue a writ of mandamus against this respondent. See In re Johnson, No. 01-06-00805-CV, 2007 WL 2963685, at *1 (Tex. App.—Houston [1st Dist.] Oct. 11, 2007, orig. proceeding) (mem. op.). We therefore dismiss this portion of relator’s petition for lack of jurisdiction. To the extent that relator seeks relief against the County Court at Law No. 3, we deny mandamus relief. See TEX. R. APP. P. 52.8(a). We dismiss all pending motions as moot.

PER CURIAM Panel consists of Chief Justice Adams and Justices Caughey and Johnson.

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