in Re: Jeffrey Balawajder

• Court: Court of Appeals of Texas
• Decided: June 19, 2003
• Docket: 01-03-00536-CV
• Status: Published

Opinion

Opinion issued June 19, 2003

In The

Court of Appeals

For the

First District of Texas

____________

NOS. 01-03-00002-CV

01-03-00536-CV

01-03-00537-CV

01-03-00538-CV

01-03-00539-CV

01-03-00540-CV

01-03-00541-CV

01-03-00542-CV

IN RE JEFFERY BALAWAJDER, Relator

Original Proceedings on Petitions for Writs of Mandamus

MEMORANDUM OPINION ON REHEARING Relator Jeffery Balawajder has filed petitions for writs of mandamus directed at the Honorable Erwin Ernst, visiting judge for the 12th District Court of Walker County (cause number 01-03-00002-CV) and the Honorable William L. McAdams, judge of the 12th District Court of Walker County (cause number 01-03-00536-CV). Balawajder has also filed a petition for a writ of mandamus directed at the Honorable Bernice Coleman, former Walker County District Clerk (cause number 01-03-00537-CV). Finally, Balawajder has filed petitions for writs of mandamus directed at Richard Belanger (cause number 01-03-00538-CV), Gary J. Gomez (cause number 01-03-00539-CV), Robert Stauber (cause number 01-03-00540-CV), Bradley Bachmann (cause number 01-03-00541-CV), and Richard Lossow (cause number 01-03-00542-CV). ⁽¹⁾ Cause numbers 01-03-0002-CV and 01-03-00536-CV Balawajder's complaints are fundamentally about the actions taken by the Honorable Erwin Ernst, visiting judge for the 12th District Court, not actions taken by the Honorable William L. McAdams, the permanent sitting judge of the 12th District Court. However, if we determine in the mandamus proceeding directed at Judge Ernst (cause number 01-02-00002-CV) that mandamus relief should be granted, then any writ of mandamus that might eventually be issued would be directed at Judge McAdams, the permanent sitting judge, not Judge Ernst, the visiting judge. See Hoggard v. Snodgrass, 770 S.W.2d 577, 588 (Tex. App.--Dallas 1989, orig. proceeding). Accordingly, Balawajder's separate mandamus proceeding (cause number 01-03-00536) directed at Judge McAdams is moot because it is an unnecessary duplication of the mandamus proceeding directed at Judge Ernst (cause number 01-03-00002-CV).

Cause numbers 01-03-00537-CV, 01-03-00538-CV, 01-03-00539-CV,

01-03-00540-CV, 01-03-00541-CV, and 01-03-00542-CV

A court of appeals or a justice of the court has jurisdiction to issue writs--other than writs of mandamus against a district or county court judge--only when necessary to enforce the jurisdiction of the appellate court. Tex. Gov't Code Ann. § 22.221(a), (b) (Vernon Supp. 2003). A court of appeals's jurisdiction under section 22.221(a) to issue writs is limited to cases in which the court has actual jurisdiction of a pending proceeding such as an appeal. Lesikar v. Anthony, 750 S.W.2d 338, 339 (Tex. App.--Houston [1st Dist.] 1988, orig. proceeding); see also In re Washington, 7 S.W.3d 181, 182 (Tex. App.--Houston [1st Dist.] 1999, orig. proceeding) (court of appeals has no general mandamus jurisdiction over district clerk).

We have no actual jurisdiction over any pending appeal related to these six original proceedings. Accordingly, we have no subject-matter jurisdiction over cause numbers 01-03-00537-CV, 01-03-00538-CV, 01-03-00539-CV, 01-03-00540-CV, 01-03-00541-CV, and 01-03-00542-CV.

Conclusion

We dismiss cause number 01-03-00536 as moot. We dismiss cause numbers 01-03-00537-CV, 01-03-00538-CV, 01-03-00539-CV, 01-03-00540-CV, 01-03-00541-CV, and 01-03-00542-CV for want of subject-matter jurisdiction.

In addition, we deny Balawajder's request that we transfer cause numbers 01-03-00002-CV, 01-03-00536-CV, 01-03-00537-CV, 01-03-00538-CV, 01-03-00539-CV, 01-03-00540-CV, 01-03-00541-CV, and 01-03-00542-CV to the Court of Appeals for the Fourteenth District of Texas. The petition for a writ of mandamus directed at Judge Ernst (cause number 01-03-00002-CV) remains pending before the Court.

PER CURIAM

Panel consists of Justices Hedges, Jennings, and Alcala.

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