in Re Keeper Ray Hudson

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed August 25, 2011.

In The

Fourteenth Court of Appeals

____________

NO. 14-11-00717-CR

IN RE KEEPER RAY HUDSON, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

338th District Court

Harris County, Texas

Trial Court Cause No. 906051

M E M O R A N D U M   O P I N I O N

            On August 22, 2011, relator filed a writ of quo warranto in this court.  See Tex. R. App. P. 52.  Relator complains the Honorable Ogden Bass was not qualified to be appointed to, and there is no order appointing him to, the 174th District Court of Harris County, Texas.

A writ of quo warranto is an extraordinary remedy used to determine disputed questions about the proper person entitled to hold a public office and exercise its functions, or to question the existence of a public corporation or district and its right to act. State ex rel. Angelini v. Hardberger, 932 S.W.2d 489, 490 (Tex.1996).  Our writ power is limited to issuing writs of mandamus and all other writs necessary to enforce our jurisdiction, which does not include a writ of quo warranto. See Tex. Gov't Code Ann. § 22.221(a) (West 2004).  “Jurisdiction under section 22.221(a) to issue writs is limited to cases in which the court has actual jurisdiction of a pending proceeding.” Lesikar v. Anthony, 750 S.W.2d 338, 339 (Tex.App.-Houston [1st Dist.] 1988, orig. proceeding).  We do not have jurisdiction over a pending proceeding in this case.

Accordingly, we dismiss relator's petition for writ of quo warranto for lack of jurisdiction. Tex. R. App. P. 52.8(a).

                                                                        PER CURIAM

Panel consists of Justices Brown, Boyce, and McCally.

Do Not Publish — Tex. R. App. P. 47.2(b).