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In re Carter

Court of Appeals of Texas, Fourteenth District, Houston
Nov 19, 2003
No. 14-03-01279-CV (Tex. App. Nov. 19, 2003)

Opinion

No. 14-03-01279-CV.

Memorandum Opinion filed November 19, 2003.

ORIGINAL PROCEEDING WRIT OF MANDAMUS.

Petition for Writ of Mandamus Denied.

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


MEMORANDUM OPINION


On November 19, 2003, relator filed a petition for writ of mandamus in this Court. See Tex. Gov't. Code Ann. § 22.221; see also Tex.R.App.P. 52. In the petition, relator seeks to have this Court direct the Hon. Lisa Millard, presiding judge of the 310th District Court in Harris County, to set aside her order of November 13, 2003, entered in cause number 2003-43072. Relator also requested an emergency stay of the trial court's order and a writ of prohibition.

We have jurisdiction to issue a writ of prohibition only to protect our own jurisdiction. See Holloway v. Fifth Court of Appeals, 767 S.W.2d 680, 683 (Tex. 1989). There is no appeal pending in this matter; thus, we have no jurisdiction to issue a writ of prohibition. We also deny relator's request for emergency relief. See Tex.R.App.P. 52.10(a).

We find relator has not established an abuse of discretion. Accordingly, we deny relator's petition for writ of mandamus.


Summaries of

In re Carter

Court of Appeals of Texas, Fourteenth District, Houston
Nov 19, 2003
No. 14-03-01279-CV (Tex. App. Nov. 19, 2003)
Case details for

In re Carter

Case Details

Full title:IN RE LINDA GAIL CARTER, Relator

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

Date published: Nov 19, 2003

Citations

No. 14-03-01279-CV (Tex. App. Nov. 19, 2003)