in Re Edward Roy Newsome

• Court: Court of Appeals of Texas
• Decided: May 15, 2006
• Docket: 01-06-00072-CV
• Status: Published

Opinion

Opinion issued May 15, 2006

In The

Court of Appeals

For the

First District of Texas

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NOS. 01–06–00072–CV

           01–06–00409–CV

           01–06–00410–CV

           01–06–00411–CV

IN RE EDWARD ROY NEWSOM, Relator

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Original Proceedings on Petitions for Writs of Mandamus and Injunction

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MEMORANDUM OPINIONAs best as we can determine, relator Edward Roy Newsome has asserted four separate original proceedings in the papers he filed on January 25, 2006: (1) a petition for a writ of mandamus (case number 01–06–00072–CV); (2) a petition for a writ of prohibition (case number 01–06–00409–CV); (3) a petition for a writ of injunction (case number 01–06–00410–CV); and (4) a petition for a writ of quo warranto (case number 01–06–00411–CV). We cannot determine the underlying lawsuit, identity of the respondent, or identity of the real party in interest. Finally, relator has neither paid the required filing fees, nor filed an affidavit of indigence that complies with the requirements of the Texas Rules of Appellate Procedure. See Tex. R. App. P. 5 (requiring payment of fees in civil cases); Tex. R. App. P. 20.1(a), (c)(2) (establishing indigence); see also Tex. Gov’t Code Ann. §§ 51.207, 51.941(a), 101.041 (Vernon 2005) (listing fees in court of appeals); Fees Civ. Cases B(1), (3) (listing fees in court of appeals).

          A court of appeals has no general writ power over a person—other than a judge of a district or county court—unless issuance of the writ is necessary to enforce the jurisdiction of the court in a case properly before it. See Tex. Gov’t Code Ann. § 22.221(a), (b) (Vernon 2004); Silva v. Klevenhagen, 833 S.W.2d 746, 747 (Tex. App.—Houston [1st Dist.] 1992, orig. proceeding). Because the petitions do not identify the respondent or underlying lawsuit, we have no jurisdiction over relator’s petitions.

          Accordingly, we dismiss for want of jurisdiction the petitions in case numbers 01–06–00072–CV, 01–06–00409–CV, 01–06–00410–CV, and 01–06–00411–CV and all requests for relief in those petitions.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Taft and Nuchia.