Opinion
01-23-00678-CV
09-26-2023
IN RE JASMINE JARBIS, Relator
Original Proceeding on Petition for Writ of Mandamus
Panel consists of Chief Justice Adams, and Justices Hightower and Countiss.
MEMORANDUM OPINION
PER CURIAM
Relator, Jasmine Jarbis, has filed a petition for a writ of mandamus challenging the trial court's April 19, 2023 and August 10, 2023 orders.
The underlying case is James Allen, Robert L. Thomas, and Allan Haye v. PCF Properties in Texas, LLC v. Elizabeth Thomas, James M. Andersen, and JPMorgan Chase Bank, N.A., Cause No. 2020-35780, in the 80th District Court of Harris County, Texas, the Honorable Jeralynn Manor presiding.
The record reflects that relator is not a party to the underlying action, and thus, does not have standing to bring this mandamus proceeding. See In re Gore Family Ltd. P'ship, No. 14-18-00761-CV, 2018 WL 4354701, at *1 (Tex. App.-Houston [14th Dist.] Sept. 13, 2018, orig. proceeding [mand. denied]) (mem. op.) ("Standing is an element of an appellate court's subject-matter jurisdiction over a petition for writ of mandamus."); In re Guardianship of Jones, No. 05-15-01510-CV, 2015 WL 9304276, at *1 (Tex. App.-Dallas Dec. 22, 2015, orig. proceeding) (mem. op.) ("A petitioner for mandamus relief must have standing to bring suit just as any other litigant. A relator has standing to pursue mandamus relief if the relator has a justiciable interest in the controversy."); In re Baker, 404 S.W.3d 575, 577-78, 582 (Tex. App.-Houston [1st Dist.] 2010, orig. proceeding) (considering sua sponte whether relator had standing to bring original proceeding). Relator's mandamus petition also does not comply with the Texas Rules of Appellate Procedure. See Tex. R. App. P. 9.5(a) ("Service on a party represented by counsel must be made on that party's lead counsel."), 52.3.
We deny the petition. See Tex. R. App. P. 52.8(a). All pending motions are dismissed as moot.