in Re GEICO General Insurance Company

• Court: Court of Appeals of Texas
• Decided: August 31, 2006
• Docket: 01-06-00406-CV
• Status: Published

Opinion

Opinion issued August 31, 2006

In The

Court of Appeals

For the

First District of Texas

____________

NO. 01–06–00406–CV

IN RE GEICO GENERAL INSURANCE COMPANY, Relator

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Original Proceeding on Petition for Writ of Mandamus

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MEMORANDUM OPINIONRelator GEICO General Insurance Company filed a motion for temporary relief on May 4, 2006, but did not file a petition for a writ of mandamus. This Court dismissed the motion for want of jurisdiction. See In re Kelleher, 999 S.W.2d 51, 52 (Tex. App.—Amarillo 1999, orig. proceeding) (court of appeals has no jurisdiction to consider motion if no petition has been filed in original proceeding). Instead of filing its petition for a writ of mandamus directly in this Court under the case number the Clerk of this Court assigned to the motion for temporary relief, on May 10, 2006 relator filed its petition and another motion for temporary relief as a new original proceeding, which was assigned to the Court of Appeals for the Fourteenth District. See In re GEICO Gen. Ins. Co., No. 14–06–00423–CV (Tex. App.—Houston [14th Dist.] filed May 10, 2006).

          We dismiss this original proceeding for want of jurisdiction because relator has not filed a petition.

PER CURIAM

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