in Re Arthur Johnson

• Court: Court of Appeals of Texas
• Decided: October 11, 2007
• Docket: 01-06-00805-CV
• Status: Published

Opinion

Opinion issued October 11, 2007

In The

Court of Appeals

For the

First District of Texas

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NOS. 01-06-00805-CV

01-07-00817-CV

IN RE ARTHUR JOHNSON, Relator

Original Proceeding on Petitions for Writs of Mandamus and Injunction

MEMORANDUM OPINION Relator Arthur Johnson has filed a motion for leave to file a petition for a writ of mandamus and petitions for writs of mandamus (case number 01-06-00805-CV) and injunction (case number 01-07-00817-CV) directed at the Honorable Beverly Kaufman. ⁽¹⁾

A court of appeals or a justice of the court has jurisdiction to issue writs--other than writs of mandamus against a district court or county court judge in the court of appeals district--only when necessary to enforce the jurisdiction of the appellate court in a case properly before it. See Tex. Gov't Code Ann. § 22.221(a), (b) (Vernon 2004); In re McGee, 213 S.W.3d 405, 406 (Tex. App.--Houston [1st Dist.] 2006, orig. proceeding). The jurisdiction of a court of appeals under section 22.221(a) to issue writs is limited to cases in which the court has actual jurisdiction of a pending proceeding. McGee, 213 S.W.3d at 406; Lesikar v. Anthony, 750 S.W.2d 338, 339 (Tex. App.--Houston [1st Dist.] 1988, orig. proceeding).

Relator requests that we issue writs of mandamus and injunction directed at the Harris County Clerk. We have no general writ power over a county clerk. See Tex. Gov't Code Ann. § 22.221(a) (Vernon 2004); McGee, 213 S.W.3d at 406. We have no actual jurisdiction over a pending proceeding in this case. Accordingly, we have no subject-matter jurisdiction over case numbers 01-06-00805-CV and 01-07-00817-CV.

We dismiss the motion for leave to file a petition for a writ of mandamus ⁽²⁾ and the petitions for writs of mandamus and injunction for lack of subject-matter jurisdiction.

PER CURIAM

Panel consists of Justice Nuchia, Jennings, and Keyes.

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