in Re: Maryam Jamilah

• Court: Court of Appeals of Texas
• Decided: November 24, 2004
• Docket: 14-04-01038-CV
• Status: Published

Opinion

Petition for Writ of Prohibition Denied and Memorandum Opinion filed November 24, 2004

Petition for Writ of Prohibition Denied and Memorandum Opinion filed November 24, 2004.

In The

Fourteenth Court of Appeals

____________

NO. 14-04-01038-CV

IN RE MARYAM JAMILAH, Relator

ORIGINAL PROCEEDING

WRIT OF PROHIBITION

M E M O R A N D U M   O P I N I O N

On November 1, 2004, relator filed a petition for writ of prohibition in this Court.  See Tex. Gov=t. Code Ann. ' 22.221 (Vernon 2004); see also Tex. R. App. P. 52. 

A writ of prohibition is proper to prevent a trial court from acting when the court lacks jurisdiction.  Bd. of Disciplinary Appeals v. McFall, 888 S.W.2d 471, 472 (Tex. 1994)(orig. proceeding).  The writ is designed to operate like an injunction issued by a superior court to control, limit, or prevent action in a court of inferior jurisdiction.  Holloway v. Fifth Court of Appeals, 767 S.W.2d 680, 682 (Tex. 1989).  Relator claims that the justice of the peace did not have jurisdiction to consider a forcible entry and detainer action filed against relator.  However, relator has not established that she is entitled to extraordinary relief.  Accordingly, we deny relator=s petition for writ of prohibition.

PER CURIAM

Petition Denied and Memorandum Opinion filed November 24, 2004.

Panel consists of Justices Yates, Edelman, and Guzman.