From Casetext: Smarter Legal Research

In re Minnfee

Court of Appeals of Texas, Fourteenth District, Houston
Apr 2, 2009
No. 14-09-00241-CR (Tex. App. Apr. 2, 2009)

Opinion

No. 14-09-00241-CR

Opinion filed April 2, 2009. DO NOT PUBLISH — TEX. R. APP. P. 47.2(b).

Original Proceeding. Writ of Prohibition.

Panel consists of Chief Justice HEDGES and Justices ANDERSON and SEYMORE.


MEMORANDUM OPINION


On March 16, 2008, relator, Barry Dwayne Minnfee, filed a petition for writ of prohibition in this Court. See Tex. Gov't Code Ann § 22.221 (Vernon 2004); see also Tex. R. App. P. 52.1. A writ of prohibition operates like an injunction issued by a superior court to control, limit or prevent action in an inferior court. Holloway v. Fifth Circuit Court of Appeals, 767 S.W.2d 680, 682 (Tex. 1989) (per curiam). The writ of prohibition enables a superior court to protect and enforce its jurisdiction and judgments. Id. at 683. However, the use of a writ of prohibition is limited to cases in which we have actual jurisdiction of a pending proceeding. In re Nguyen, 155 S.W.3d 191, 194 (Tex.App.-Tyler 2003, orig. proceeding); In re Wyatt, 110 S.W.3d 511, 511 (Tex.App.-Waco 2003, orig. proceeding). Relator does not have an appeal pending in this court. Therefore, we have no jurisdiction to consider relator's petition. Because we do not have jurisdiction, the petition for writ of prohibition is ordered dismissed.


Summaries of

In re Minnfee

Court of Appeals of Texas, Fourteenth District, Houston
Apr 2, 2009
No. 14-09-00241-CR (Tex. App. Apr. 2, 2009)
Case details for

In re Minnfee

Case Details

Full title:IN RE BARRY DWAYNE MINNFEE, Relator

Court:Court of Appeals of Texas, Fourteenth District, Houston

Date published: Apr 2, 2009

Citations

No. 14-09-00241-CR (Tex. App. Apr. 2, 2009)