In re Adrian Sibley — Memorandum Opinion Per Curiam
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Opinion Withdrawn; Stay Lifted; Motion for Rehearing Granted; Motion to Consolidate Dismissed; Petition for Writ of Mandamus Conditionally Granted in Part and Denied in Part; and Memorandum Opinion filed October 22, 2026. In The Fourteenth Court of Appeals NO. 14-26-00855-CV IN RE ADRIAN SIBLEY, Relator ORIGINAL PROCEEDING WRIT OF MANDAMUS County Civil Court at Law No. 4 Harris County, Texas Trial Court Cause No. 1217589 MEMORANDUM OPINION ON REHEARING Before this court is a motion for rehearing. On August 19, 2026, relator Adrian Sibley filed a petition for writ of mandamus challenging the county court’s May 13, 2026 final judgment in the underlying forcible detainer action. Relator contends that the county court did not have jurisdiction to render the final judgment because: (1) she did not timely perfect her appeal from the justice court
2 to the county court; and (2) the county court rendered the final judgment while the case was removed to federal court. Relator asks this court to compel the county court to dismiss the case or, alternatively, to vacate the final judgment. On September 24, 2026, this court issued a memorandum opinion denying relator’s petition because the record did not demonstrate that the county court abused its discretion. We noted that the record did not include sufficient proof that relator had effectively removed the underlying action to federal court when the final judgment was signed. After we denied the petition, relator timely filed a motion for rehearing and supplemental record. After considering the rehearing motion, the supplemental record, the response from real parties in interest, and relator’s reply, we grant the motion for rehearing, withdraw our September 24, 2026 memorandum opinion, and issue this memorandum opinion in its place, conditionally granting relator’s petition in part. Analysis Mandamus is an extraordinary remedy that will issue only to correct a clear abuse of discretion when there is no adequate remedy by appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–38 (Tex. 2004) (orig. proceeding). A trial court abuses its discretion when it signs an order in a case in which it has no jurisdiction. See In re Sw. Bell Tel. Co., 35 S.W.3d 602, 605 (Tex. 2000) (orig. proceeding) (per curiam). An order issued without jurisdiction is void, and the relator need not show that she lacks an adequate appellate remedy to obtain mandamus relief. Id. Once a case is removed from state court to federal court, the state court loses all jurisdiction over the case, and “‘its subsequent proceedings and judgment [are] not . . . simply erroneous, but absolutely void.’” Roman Cath. Archdiocese of San
3 Juan, P.R. v. Acevedo Feliciano, 589 U.S. 57, 63–64 (2020) (quoting Kern v. Huidekoper, 103 U.S. 485, 493 (1880)). But to effect removal, the removing party must file a copy of the notice of removal with the clerk of the state court. See 28 U.S.C. § 1446(d) (A notice of removal served on all adverse parties and filed with the clerk of the state court “shall effect the removal and the State court shall proceed no further unless and until the case is remanded.”); see also Anthony v. Wilderness Oak, LLC, No. 04-24-00564-CV, 2026 WL 2248826, at *1 (Tex. App.—San Antonio Aug. 5, 2026, no pet. h.) (mem. op.) (removal is not effective until the removing party files a copy of the notice of removal with the clerk of the state court); Hilton v. NBC Bank-Heights, No. 01-96-01366-CV, 1998 WL 135105, at *2 (Tex. App.—Houston [1st Dist.] Mar. 19, 1998, pet. denied) (same). The supplemental record filed by relator includes a document file-stamped on May 8, 2026 by the Harris County Clerk, in which relator provided notice that she had removed the case from the county court to a federal district court. It also includes a July 7, 2026 order from the federal district court remanding the case to the county court. Because the county court signed the final judgment on May 13, 2026, while the case was still pending in the federal district court, the final judgment is void for lack of jurisdiction. See In re Sw. Bell Tel. Co., L.P., 235 S.W.3d 619, 624 (Tex. 2007) (orig. proceeding) (“From the time the case was removed to federal court until it was remanded to state court, the state court was prohibited from taking further action.” (citing 28 U.S.C. § 1446(d))). Accordingly, we grant relator’s motion for rehearing. We conditionally grant relator’s petition for writ of mandamus in part and direct the county court to vacate its May 13, 2026 final judgment. We are confident the county court will comply, and the writ will issue only if it does not. All other relief requested in the petition
4 for writ of mandamus is denied.1 We dismiss relator’s motion to consolidate as moot and lift the stay previously entered by this court. PER CURIAM Panel consists of Justices Jewell, Hart, and Bridges. 1 In a reply, relator withdraws her jurisdictional challenge to the final judgment based on the case’s removal to federal court. She instead proceeds solely on her argument that the county court never acquired jurisdiction because, among other reasons, she did not timely perfect her appeal from justice court, which she claims requires dismissal of the case. The record, however, does not demonstrate that relator is entitled to mandamus relief on such grounds. Although relator has withdrawn the issue, we still conditionally grant mandamus relief in part and direct the county court to vacate the final judgment because the case’s removal to federal court rendered the judgment absolutely void. See Easterline v. Bean, 121 Tex. 327, 334, 49 S.W.2d 427, 429 (1932) (“[A] void judgment is one entirely null within itself, and which is not susceptible of ratification or confirmation, and its nullity cannot be waived.”); In re Garza, 126 S.W.3d 268, 271 (Tex. App.—San Antonio 2003, orig. proceeding) (“[A] party who agrees to a void order has agreed to nothing.”).
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