Can Texas appellate courts review orders about court costs and fees?
This question has been addressed in 2 Texas court opinions:
In re Johnny Partain
COA13 — February 23, 2026
Johnny Partain filed a petition for writ of mandamus in the Thirteenth Court of Appeals seeking to challenge a Justice of the Peace's order regarding court costs in an eviction case. The Court of Appeals analyzed Texas Government Code § 22.221, which explicitly lists the judicial officers against whom an appellate court may issue a writ of mandamus (such as district and county judges) but notably excludes Justices of the Peace. The court held that because Justice Courts are not included in its general mandamus authority and because the relator failed to show that the writ was necessary to protect the court's jurisdiction over a pending appeal, the court lacked jurisdiction to hear the petition. The case was dismissed, affirming that supervisory power over Justice Courts resides with District Courts.
Litigation Takeaway
“Never file a petition for writ of mandamus in the Court of Appeals to challenge a Justice of the Peace's order. Because Justice Courts are not among the judicial officers listed in Texas Government Code § 22.221(b), the Court of Appeals lacks jurisdiction to supervise them unless a writ is necessary to protect an existing appeal. Instead, you must seek mandamus relief in a District Court, which holds constitutional supervisory authority over inferior courts.”
In the Matter of Marriage of Melissa Ramirez and Silvestre Fermin Torres and In the Interest of R.S.T. and A.D.T, Children
COA13 — January 29, 2026
In a family law dispute, Melissa Ramirez filed a Statement of Inability to Afford Payment of Court Costs. Despite this, the trial court ordered her to pay half of the mediation fees without first holding an evidentiary hearing or issuing detailed findings as required by Texas Rule of Civil Procedure 145(f). Ramirez challenged the order using Rule 145(g)'s expedited review process. The Thirteenth Court of Appeals dismissed the challenge for lack of jurisdiction, concluding that because the trial court failed to follow the mandatory procedural steps of Rule 145(f), the resulting order was not technically issued 'under this rule,' making the expedited appellate process unavailable.
Litigation Takeaway
“If a trial court orders an indigent party to pay costs (such as mediation or amicus attorney fees) without first holding a formal hearing or providing detailed factual findings, you cannot use the expedited motion process in Rule 145(g) to challenge the order; instead, you must file a petition for writ of mandamus to compel the court to follow proper procedure.”