Opinion
No. 01-09-00002-CV
Opinion issued April 23, 2009.
Original Proceeding on Petition for Writ of Prohibition.
Panel consists of Justices JENNINGS, KEYES and HIGLEY.
MEMORANDUM OPINION
By petition for writ of prohibition, relator, Yolanda Turner seeks a writ of prohibition from this Court (1) directing the trial court to vacate his December 19, 2008 default judgment and (2) directing the trial court to cease and desist from participating in any suit or cause of action involving the relator.
The Honorable Jack Cagle presiding. The underlying proceeding is Andover Place Apts. v. Yolanda Turner, no. 928396 (County Civil Court at Law Number One, Harris, County Tex.).
Texas courts have held that a court's jurisdiction to issue "all other writs" is limited to cases in which that court has actual jurisdiction over a pending proceeding. See Lesikar v. Anthony, 750 S.W.2d 338, 339 (Tex.App. 1988, orig. proceeding); Faherty v. Knize, 764 S.W.2d 922, 923 (Tex.App. 1989, orig. proceeding); Kantor v. Herald Pub. Co., 632 S.W.2d 656, 658 (Tex.App. 1982, orig. proceeding). This Court does not have actual jurisdiction over a pending proceeding. Therefore, this court does not have jurisdiction to issue a writ of prohibition requiring Judge Cagle to vacate the December 19 default judgment and desist from participating in any suit or cause of action involving this case. Lesikar, 750 S.W.2d at 339. Furthermore, relator has failed to put forth any argument that she lacks an adequate remedy at law to be entitled to a writ of prohibition. See In re Richardson, 252 S.W.3d 822, 826 (Tex.App. 2008, orig. proceeding).
The petition for writ of prohibition is denied. See Tex. R. App. P. 52.8(a). All outstanding motions are denied as moot.