GOVERNMENT CODE: The sources of jurisdiction most often used to support
a writ of mandamus to the supreme court or to a court of appeals appear
in the Government Code.
II. VOID Orders/Judgments
A. The Elements of VOID Orders/Judgments:
1. Lacking jurisdiction of the subject matter, or parties, and
violation of due process are the most important elements of a
VOID Order or Judgment.
2. Judgment is a “void judgment” if court that rendered judgment lacked
jurisdiction of the subject matter, or of the parties, or acted in a
manner inconsistent with due process. Klugh v. U.S., D.C.S.C., 610
F.Supp. 892, 901.
3. When attacking a void order by mandamus, it is not necessary to show
no adequate remedy at law exists. See In re Southwestern Bell Telephone
Co., 43 Tex. Sup. Ct. J. 1007 WL 854253 (Tex. June 29, 2000)(per
4. Mandamus will lie to correct a void order, that is, an order the
trial court had no power or jurisdiction to render. See Urbish v. 127th
Judicial Dist. Court, 708 S.W.2d 429, 431 (Tex. 1986) (orig.
proceeding). If an order is void, the relator need not show he lacks an
adequate appellate remedy, and mandamus relief is appropriate. In re
Sw. Bell Tel. Co., 35 S.W.3d 602, 605 (Tex. 2000) (orig. proceeding).
5. A judgment is void if it is shown that the court lacked jurisdiction
1) over a party or the property; 2) over the subject matter; 3) to
enter a particular judgment; or 4) to act as a court. Jurisdiction
could not be conferred by waiver or retroactively ELNA PFEFFER ET AL.
v. ALVIN MEISSNER ET AL. (11/23/55) 286 S.W.2d 241.
C. CITING FACTS, LAW, STATUTES, CONSTITUTIONS, ETC. TO ATTACK THE
1. We must carefully cite sufficient facts to substantiate our claims,
defenses, or counter-claims and search online focusing on the relevant
case law in our respective state to strengthen our position.
2. Research relevant law, statutes, rules, the Constitutional
Provisions of our respective state and those of the US Constitution,
e.g., Texas Open Courts Doctrine, 1st and 14th Amendments to the US
3. Refer to the samples of PETITION FOR WRIT OF MANDAMUS.
4. Download our respective state’s Rules of Appellate Procedure,
e.g., Texas Rules of Appellate Procedure – Supreme Court of
Texas. Read the relevant rules with care to avoid making any
procedural error, which will result in immediate dismissal.
5. Start drafting our own PETITION FOR WRIT OF MANDAMUS, and revise it
as many times as possible before submitting it to the appropriate court.
6. Make a request to the state District Clerk, and designate the court
record to be submitted to the Appellate Court.
7. If you encounter any procedural problems, ask the Appellate Court
Clerk for help.
8. Send it to the Appellate Clerk by PRIORITY MAIL without return
receipt because we can track the DELIVERY time and date online without
9. Never forget to sign the PETITION and CERTIFICATE OF SERVICE before
a Notary Public because a VERIFIED PETITION is essential.
* It took me ten years to realize that MANDAMUS: VOID Orders/Judgments
is my salvation after having suffered through my opponents’ fraud, and
the opposing counsel’s fraud on the court in conspiracy with the
corrupt judges who “are proud to be in their pockets,” quoting a
certain judge’s own admission/statement. I believe the campaign
contributions are to blame for the corruption
of the officers of the
court, including, but not limited to, lawyers and judges, e.g., David
Roberts, Randall W. Hill, and Juergen “Skipper” Koetter!
Thus, know your opponent. Look for his or her weaknesses.
For example, I was lucky enough to contact the office of Texas
Secretary of State to inquire about Anita’s Resort Properties, Inc.,
which happened to be an ASSUMED NAME, and its CERTIFICATE expired on
June 5, 1993 without any renewal. Consequently, it was factually, and
legally non-existent, and it had no standing to sue. See Expiration of
Assumed Name Certificate and Standing to Sue Posted on May 18, 2012.
Besides, there are so many other fundamental defects in my opponents’
pleadings that I am sure of having justice served one of these days
despite countless setbacks in the past ten years.