Background
David Dwayne Hernandez filed a petition for writ of mandamus in the Texas Court of Appeals, Tenth Appellate District, on July 1, 2026. The petition sought to compel a court reporter to deliver transcripts that Hernandez had requested. As an original proceeding, the matter came directly before the appellate court.
The Court’s Holding
The court dismissed the petition for want of jurisdiction. Under Texas Government Code § 22.221(b), the court of appeals has jurisdiction to issue a writ of mandamus only against a judge—not against other court officers or employees such as court reporters. Because Hernandez’s mandamus petition targeted a court reporter rather than a judge, the appellate court lacked authority to grant the relief sought.
Key Takeaways
- A court of appeals cannot issue writs of mandamus against court reporters or other non-judicial personnel.
- Mandamus jurisdiction in the appellate courts is limited to judicial officers by statute.
- Litigants seeking relief from court reporters must pursue alternative remedies in the trial court or other appropriate forum.
Why It Matters
This decision clarifies the jurisdictional boundaries of appellate courts in Texas. It establishes that even when an appellant has what may be a meritorious claim for relief against a court reporter—such as failure to deliver transcripts—the court of appeals is categorically barred from hearing the mandamus petition. The holding reinforces that parties must understand the proper forum for different types of relief and cannot bypass trial-court procedures by going directly to the appellate level for mandamus against non-judicial actors.