The Amarillo Court of Appeals recently issue an opinion in In re Lagaite, in which the Court dismissed the petition for writ of mandamus for want of jurisdiction. The petitioner complained of medical treatment he received while incarcerated in a Texas prison and evidently named the medical doctor as the respondent. Noting that Texas Government Code Section 22.221(a) and (b) grant mandamus jurisdiction to protect an appellate court’s jurisdiction or to issue writs against a district or county court judge, the court of appeals concluded it did not have jurisdiction. The Court’s opinion may be found here.
I had a similar issue come up in an appeal I handled many years ago and I recall that there were a few cases out there in which mandamus had issued against persons other than a district or county court judge and protection of the appellate court’s jurisdiction was not in issue. I would be interested in hearing from any of our readers whether they are familiar with other cases in which a court of appeals issued a writ of mandamus against someone other than a district or county judge and protection of the appellate court’s jurisdiction was not in issue.