Hogan Ex Rel. Murphy v. Turland

O’QUINN, Justice.

In our first consideration of this appeal we concluded that this Court did not have jurisdiction because the mandamus proceeding pertained to a criminal matter and the jurisdiction of courts of civil appeals is limited to civil actions. The appeal was ordered dismissed. 419 S.W.2d 383.

The Supreme Court in considering the case resolved a conflict heretofore existing among courts of civil appeals on this question and held that a mandamus proceeding is a civil rather than criminal action. 428 S.W.2d 316 (Tex.1968).

In compliance with the ruling of the Supreme Court, we have…