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In re Canady

Court of Appeals of Texas, Fourteenth District, Houston
Nov 18, 2010
No. 14-10-01024-CR (Tex. App. Nov. 18, 2010)

Opinion

No. 14-10-01024-CR

Opinion filed November 18, 2010. DO NOT PUBLISH — TEX. R. APP. P. 47.2(b).

Original Proceeding. Writ of Mandamus. Appealed from the 248th District Court, Harris County, Texas, Trial Court Cause No. 1276540.

Panel consists of Justices SEYMORE, BOYCE, and CHRISTOPHER.


MEMORANDUM OPINION


On October 21, 2010, relator filed a writ of quo warranto in this court. See Tex. R. App. P. 52. Relator complains the Honorable Joan Campbell, presiding judge of the 248th District Court of Harris County, Texas, has no choice but to dismiss his case because the court lacks jurisdiction. A writ of quo warranto is an extraordinary remedy used to determine disputed questions about the proper person entitled to hold a public office and exercise its functions, or to question the existence of a public corporation or district and its right to act. State ex rel. Angelini v. Hardberger, 932 S.W.2d 489, 490 (Tex. 1996). Relator's petition is wholly unrelated to the issues for which a writ of quo warranto is available, and therefore is an improper vehicle for obtaining the relief sought by relator. Our writ power is limited to issuing writs of mandamus and all other writs necessary to enforce our jurisdiction, which does not include a writ of quo warranto. See Tex. Gov't Code Ann. § 22.221(a) (Vernon 2004). Accordingly, we dismiss relator's petition for writ of quo warranto for lack of jurisdiction. Tex. R. App. P. 52.8(a).


Summaries of

In re Canady

Court of Appeals of Texas, Fourteenth District, Houston
Nov 18, 2010
No. 14-10-01024-CR (Tex. App. Nov. 18, 2010)
Case details for

In re Canady

Case Details

Full title:IN RE WARREN PIERRE CANADY, Relator

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

Date published: Nov 18, 2010

Citations

No. 14-10-01024-CR (Tex. App. Nov. 18, 2010)