Opinion
No. 05-19-00654-CV
06-06-2019
IN RE JAY SANDON COOPER, Relator
Original Proceeding from the County Court at Law No. 6 Collin County, Texas
Trial Court Cause No. 006-02636-2018
MEMORANDUM OPINION
Before Justices Myers, Partida-Kipness, and Pedersen, III
Opinion by Justice Partida-Kipness
In this original proceeding, relator Jay Cooper seeks a writ of prohibition to prevent the Precinct 3 Constable of Collin County, Texas from executing a writ of possession issued on May 30, 2019. The writ of possession was issued to enforce an October 19, 2018 judgment for possession of property in Plano, Texas. After reviewing the petition, the record, and the constable's response, we conclude relator is not entitled to the relief requested.
A writ of prohibition is a limited purpose remedy used to enable an appellate court to protect and enforce its jurisdiction and judgments. Holloway v. Fifth Court of Appeals, 767 S.W.2d 680, 683 (Tex.1989) (orig. proceeding); In re Herrera, No. 05-14-00394-CV, 2014 WL 1477922, at *1 (Tex. App.—Dallas April 14, 2014, orig. proceeding) (mem. op.). The writ is designed to operate like an injunction issued by a superior court to control, limit, or prevent action in a court of inferior jurisdiction. Holloway, 767 S.W.2d at 682-83. A writ of prohibition has three functions: (1) preventing interference with higher courts in deciding a pending appeal; (2) preventing an inferior court from entertaining suits that will re-litigate controversies already settled by the issuing court; and (3) prohibiting a trial court's action when it affirmatively appears the court lacks jurisdiction. In re Bolton, No. 05-10-01115-CV, 2010 WL 4011041, at *1 (Tex. App.—Dallas Oct. 14, 2010, orig. proceeding) (mem. op.) (citing Humble Expl. Co., Inc. v. Walker, 641 S.W.2d 941, 943 (Tex. App.—Dallas 1982, orig. proceeding)). An original proceeding seeking a writ of prohibition that does not serve one of those functions should be dismissed. See In re Isaac, No. 05-17-00005-CV, 2017 WL 128243, at *1 (Tex. App.—Dallas Jan. 13, 2017, orig. proceeding) (mem. op.) (dismissing petition for lack of jurisdiction where the case did not fall within the court's limited jurisdiction to issue a writ of prohibition).
This Court dismissed relator's appeal of the October 19, 2018 judgment on May 28, 2019 and denied relator's motion to reinstate that appeal on June 3, 2019. See Cooper v. Bank of New York Mellon, No. 05-19-00064-CV, 2019 WL 2266670 (Tex. App.—Dallas May 28, 2019, no pet. h.) (mem. op.). This case, therefore, does not fall within this Court's limited jurisdiction to issue a writ of prohibition. Accordingly, we dismiss the petition for want of jurisdiction.
/Robbie Partida-Kipness/
ROBBIE PARTIDA-KIPNESS
JUSTICE 190654F.P05