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.
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