Opinion
01-23-00089-CV
11-28-2023
In the Matter of the Marriage of Cynthia Benn Moccia and Thomas Moccia
Trial court: 328th District Court of Fort Bend County Trial court case number: 22-DCV-298462.
ORDER
April Farris, Judge.
Appellant Thomas Moccia, proceeding pro se, has appealed from the trial court's February 2, 2023 "Order Dismissing Petition for Bill of Review." Appellant filed a petition for bill of review in this divorce proceeding between appellant and appellee, Cynthia Benn Moccia. Appellant filed his brief on November 17, 2023.
On November 21, 2023, appellant also filed a "Motion for Temporary Restraining Order." Appellant states that the motion is "to prevent [appellee] from selling [certain] property." The motion then goes on to provide the legal description and address of the property appellant seeks to restrain appellee from selling. The motion does not however include any argument or analysis outlining appellant's entitlement to the relief requested. Nor does appellant's motion make any legal argument to establish that this Court has the authority to grant the relief requested by appellant.
To this end, the authority of an intermediate appellate court, such as this Court, to grant injunctive relief is limited by statute. See Tex. Gov't Code Ann. § 22.221 (titled "Writ Power"). Generally, an intermediate appellate court may only issue a writ of injunction as "necessary to enforce the jurisdiction of the court." See Tex. Gov't Code Ann. § 22.221(a); see also In re Olson, 252 S.W.3d 747, 747 (Tex. App.-Houston [14th Dist.] 2008, orig. proceeding) ("The purpose of a writ of injunction is to enforce or protect the appellate court's jurisdiction."). Further, an appellate court may only issue a writ of injunction to "control, limit, or prevent an action in a court of inferior jurisdiction." In re Olson, 252 S.W.3d at 747; see also Tex. Gov't Code Ann. § 22.221(b)(1) (appellate courts may issue writs "against a judge of a district, statutory county, statutory probate county, or county court in the court of appeals district").
Because appellee is not a court as defined by the Government Code, we may not issue a writ of injunction, in the form of a temporary restraining order, against appellee unless it is necessary to enforce our jurisdiction. Appellant's motion does not reflect that this Court's jurisdiction is challenged. Accordingly, appellant's "Motion for Temporary Restraining Order" is denied.
It is so ORDERED.