in Re: Bryan Moreno

• Court: Court of Appeals of Texas
• Decided: July 1, 2016
• Docket: 05-16-00775-CV
• Status: Published

Opinion

Order entered July 1, 2016

In The Court of Appeals Fifth District of Texas at Dallas No. 05-16-00775-CV

IN RE BRYAN MORENO, Relator

From the 429th Judicial District Court Collin County, Texas Trial Court Cause No. 429-52512-2012

ORDER Justice Francis, Justice Evans, and Justice Stoddart

Before the Court is relator’s “Request for Immediate Suspension of Commitment

Pending Preparation of Petition for Writ of Habeas Corpus or, Alternatively, Setting Bond

Pending Review of Habeas.” Relator has not filed an original proceeding in this Court related to

the underlying proceeding. We are, therefore, without authority to act on relator’s request. See

Taft v. Schraub, 557 S.W.2d 172, 174 (Tex. Civ. App.—San Antonio 1977, no writ) (quoting

Winfrey v. Chandler, 159 Tex. 220, 318 S.W.2d 59 (1958) (“A court which is authorized to issue

extraordinary writs to enforce its jurisdiction may not exercise that power in aid of its potential

jurisdiction. It is only after the jurisdiction has been invoked in the manner prescribed by law and

has thus become active that the court may act to enforce or protect the same.”). We DENY the

motion for lack of jurisdiction.

1 /s/ Molly Francis MOLLY FRANCIS PRESIDING JUSTICE