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In re Hyland

State of Texas in the Fourteenth Court of Appeals
Feb 15, 2018
NO. 14-18-00033-CV (Tex. App. Feb. 15, 2018)

Opinion

NO. 14-18-00033-CV

02-15-2018

IN RE MARK HYLAND, Relator


ORIGINAL PROCEEDING WRIT OF MANDAMUS
113th District Court Harris County, Texas
Trial Court Cause No. 2014-24818

MEMORANDUM OPINION

On January 18, 2018, relator Mark Hyland filed a petition for writ of mandamus in this court. See Tex. Gov't Code Ann. § 22.221 (West Supp. 2017); see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the Honorable Michael Landrum, presiding judge of the 113th District Court of Harris County (the "Harris County court"), to vacate all orders issued by the court.

To obtain mandamus relief, a relator generally must show both that the trial court clearly abused its discretion and that the relator has no adequate remedy by appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding). When an order is void, the relator need not show the lack of an adequate appellate remedy, and mandamus relief is appropriate. In re Vaishangi, Inc., 442 S.W.3d 256, 261 (Tex. 2014) (orig. proceeding); In re Martinez, 478 S.W.3d 123, 125 (Tex. App.—Houston [14th Dist.] 2015, orig. proceeding). A judgment or order is void when it is apparent that the court rendering it had no jurisdiction of the parties, no jurisdiction of the subject matter, no jurisdiction to enter the judgment, or no capacity to act as a court. See Mapco, Inc. v. Forrest, 795 S.W.2d 700, 703 (Tex. 1990).

Relator has not established that he is entitled to mandamus relief. We therefore deny relator's petition for writ of mandamus. We also lift our stay entered on January 19, 2018.

/s/ William J. Boyce

Justice Panel consists of Justices Boyce, Jamison, and Brown
(J. Jamison voted to grant the petition for writ of mandamus)


Summaries of

In re Hyland

State of Texas in the Fourteenth Court of Appeals
Feb 15, 2018
NO. 14-18-00033-CV (Tex. App. Feb. 15, 2018)
Case details for

In re Hyland

Case Details

Full title:IN RE MARK HYLAND, Relator

Court:State of Texas in the Fourteenth Court of Appeals

Date published: Feb 15, 2018

Citations

NO. 14-18-00033-CV (Tex. App. Feb. 15, 2018)