In Re Tonya Grubbs v. the State of Texas

Motions Dismissed as Moot; Petition for Writ of Mandamus Dismissed and
Memorandum Opinion filed February 27, 2024.

In The

Fourteenth Court of Appeals

NO. 14-24-00063-CV

IN RE TONYA GRUBBS, Relator

ORIGINAL PROCEEDING
WRIT OF MANDAMUS
Justice of the Peace Court, Precinct 1, Place 2
Harris County, Texas
Trial Court Cause No. 221200119772

MEMORANDUM OPINION

On January 26, 2024, relator Tonya Grubbs 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 asks this court to compel the Honorable Steven
Duble, presiding Justice of the Peace Court, Precint 1, Place 2, of Harris County, to
vacate a January 18, 2023 order granting defendant’s motion for summary
disposition pursuant to Texas Rule of Civil Procedure 503.2.

On January 29, 2024, this court notified relator that this mandamus
proceeding would be dismissed for want of jurisdiction unless relator established
by February 12, 2024 this court’s jurisdiction to issue a writ of mandamus against a
justice of the peace. 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) (per curiam) (dismissing mandamus petition
for want of jurisdiction over justice of the peace).

On February 12, 2024, relator filed a “petition to establish the court of
appeals jurisdiction.” Relator concedes that she “cannot find any precedent for
when a Court of Appeals has issued a writ to a justice of the peace,” but argues that
this court should “accept jurisdiction.” Because this court lacks mandamus
jurisdiction over a justice of the peace, we dismiss relator’s petition for writ of
mandamus for want of jurisdiction. See id. Additionally, relator’s motions are
dismissed as moot.

PER CURIAM

Panel consists of Justices Bourliot, Zimmerer, and Spain.

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