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In re Blackard

Court of Appeals Fifth District of Texas at Dallas
Apr 29, 2016
No. 05-16-00470-CV (Tex. App. Apr. 29, 2016)

Opinion

No. 05-16-00470-CV

04-29-2016

IN RE JEFFORY BLACKARD, Relator


Original Proceeding from the 380th Judicial District Court Collin County, Texas
Trial Court Cause No. 380-05246-2015

MEMORANDUM OPINION

Before Chief Justice Wright, Justice Lang, and Justice Brown
Opinion by Justice Lang

Relator filed this petition for writ of injunction requesting that the Court enjoin certain attorneys representing the State of Texas as attorneys pro tem from submitting requests for payment of their invoices and enjoin the Collin County Commissioners Court from approving any payment of those invoices during the pendency of relator's appeal of the trial court's order granting the pleas to the jurisdiction filed by the attorneys pro tem and members of the commissioners court.

An appellate court's authority to grant a writ of prohibition or injunction is narrower than its jurisdiction to grant a writ of mandamus. Under section 22.221 of the Texas Government Code, we may grant "all other writs necessary to enforce the jurisdiction of the court." TEX. GOV'T CODE ANN. § 22.221(a). The threat of jurisdictional interference must be real; the writ will not issue to prevent the mere possibility of interference. In re Castle Texas Prod. Ltd. P'ship, 189 S.W.3d 400, 403 (Tex. App.—Tyler 2006, orig. proceeding). Based on our review of the record, we cannot conclude that issuance of a writ of injunction is necessary to preserve our jurisdiction to determine the issues raised by relator's appeal.

We deny the petition.

/Douglas S. Lang/

DOUGLAS S. LANG

JUSTICE 160470F.P05


Summaries of

In re Blackard

Court of Appeals Fifth District of Texas at Dallas
Apr 29, 2016
No. 05-16-00470-CV (Tex. App. Apr. 29, 2016)
Case details for

In re Blackard

Case Details

Full title:IN RE JEFFORY BLACKARD, Relator

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Apr 29, 2016

Citations

No. 05-16-00470-CV (Tex. App. Apr. 29, 2016)

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