No jurisdiction, no mandamus

Originally published by David Coale.

Axiomatic, but like many other basic mandamus concepts, worth remembering:

1. If the trial court does not have jurisdiction to rule on relator’s motion, the motion cannot be categorized as “properly filed” for purposes of a potential writ of mandamus to compel a ruling;
2. And if the the trial court does not have jurisdiction to rule on the motion, “it logically follows that it does not have a ministerial duty to rule on the motion.”

In re: Guzman, No. 05-16-01109-CV (Sept. 29, 2016) (mem. op.)

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