in Re: John Fox

• Court: Court of Appeals of Texas
• Decided: September 6, 2007
• Docket: 08-07-00251-CV
• Status: Published

Opinion

Becker v. State

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

IN RE: JOHN FOX, Relator.	§ § § § § §	No. 08-07-00251-CV AN ORIGINAL PROCEEDING

MEMORANDUM OPINION ON PETITION FOR WRIT OF INJUNCTION

Relator John Fox seeks a writ of injunction against the Honorable M. Sue Kurita Judge of the County Court at Law No. 6 of El Paso County. Relator asserts that he is appealing from a judgment which dismissed his request for a temporary injunction and he attached to his petition an order entered on June 2, 2006 dismissing a case styled John Fox v. City of El Paso and numbered 2005-5276. Our records do not reflect that an appeal of this dismissal order is presently pending.

The courts of appeals have limited injunctive powers. "Each court of appeals . . . may issue . . . all . . . writs necessary to enforce the jurisdiction of the court." Tex. Gov't Code Ann. § 22.221(a). A court of appeals "has no original jurisdiction to grant writs of injunction, except to protect its jurisdiction over the subject matter of a pending appeal, or to prevent an unlawful interference with the enforcement of its judgments and decrees." Ott v. Bell, 606 S.W.2d 955, 957 (Tex. Civ. App.--Waco 1980, no writ). Given that there is no pending appeal and Relator has not demonstrated that issuance of the writ is necessary to prevent an unlawful interference with the enforcement of this Court's judgment and decrees, we conclude that Relator is not entitled to the relief requested. Accordingly, we deny injunctive relief. See Tex. R. App. P. 52.8(a).

KENNETH R. CARR, Justice

September 6, 2007

Before Chew, C.J., McClure, and Carr, JJ.