Document Info

DocketNumber: 14-19-00493-CV

Filed Date: 7/16/2019

Status: Precedential

Modified Date: 7/16/2019

  • Petition for Writ of Mandamus Denied and Memorandum Opinion filed July
    16, 2019.
    In The
    Fourteenth Court of Appeals
    NO. 14-19-00493-CV
    IN RE SOLA ENERGY RESOURCES, LLC, Relator
    ORIGINAL PROCEEDING
    WRIT OF MANDAMUS
    127th District Court
    Harris County, Texas
    Trial Court Cause No. 2019-14596
    MEMORANDUM OPINION
    On June 21, 2019, relator Sola Energy Resources, LLC filed a petition for writ
    of mandamus in this court. See Tex. Gov’t Code Ann. § 22.221 (Supp.); see also
    Tex. R. App. P. 52. In the petition, relator asks this court to compel the Honorable
    R.K. Sandill, presiding judge of the 127th District Court of Harris County, to (1)
    vacate his May 14, 2019 order denying relator’s motion to dismiss for lack of subject
    matter jurisdiction and (2) grant such motion.
    “A trial court has no discretion and must dismiss the case as a ministerial act
    when it lacks subject matter jurisdiction.” In re St. Thomas High Sch., 
    495 S.W.3d 500
    , 506 (Tex. App.—Houston [14th Dist.] 2016, orig. proceeding). “Mandamus is
    generally proper if a trial court lacks subject matter jurisdiction over the underlying
    proceeding, and in such a case, a relator need not establish that she lacks an adequate
    remedy by appeal.” 
    Id. at 514;
    see also In re Crawford & Co., 
    458 S.W.3d 920
    , 929
    (Tex. 2015) (per curiam) (orig. proceeding).
    Because relator has not established that the trial court lacks subject matter
    jurisdiction, we deny the petition for writ of mandamus.
    PER CURIAM
    Panel consists of Justices Wise, Spain, and Poissant.
    2