in Re Yolanda Turner, Tenants

• Court: Court of Appeals of Texas
• Decided: April 23, 2009
• Docket: 01-09-00002-CV
• Status: Published

Opinion

Opinion issued April 23, 2009

In The

Court of Appeals

For The

First District of Texas

NO. 01-09-00002-CV

IN RE YOLANDA TURNER, Relator

Original Proceeding on Petition for Writ of Prohibition

MEMORANDUM OPINION

By petition for writ of prohibition, relator, Yolanda Turner seeks a writ of prohibition from this Court (1) directing the trial court ⁽¹⁾ to vacate his December 19, 2008 default judgment and (2) directing the trial court to cease and desist from participating in any suit or cause of action involving the relator.

Texas courts have held that a court's jurisdiction to issue "all other writs" is limited to cases in which that court has actual jurisdiction over a pending proceeding. See Lesikar v. Anthony, 750 S.W.2d 338, 339 (Tex. App.--Houston [1st Dist.] 1988, orig. proceeding); Faherty v. Knize, 764 S.W.2d 922, 923 (Tex. App.--Waco 1989, orig. proceeding); Kantor v. Herald Pub. Co., 632 S.W.2d 656, 658 (Tex. App.--Tyler 1982, orig. proceeding). This Court does not have actual jurisdiction over a pending proceeding. Therefore, this court does not have jurisdiction to issue a writ of prohibition requiring Judge Cagle to vacate the December 19 default judgment and desist from participating in any suit or cause of action involving this case. Lesikar, 750 S.W.2d at 339. Furthermore, relator has failed to put forth any argument that she lacks an adequate remedy at law to be entitled to a writ of prohibition. See In re Richardson, 252 S.W.3d 822, 826 (Tex. App.--Texarkana 2008, orig. proceeding).

The petition for writ of prohibition is denied. See Tex. R. App. P. 52.8(a). All outstanding motions are denied as moot.

PER CURIAM

Panel consists of Justices Jennings, Keyes and Higley.

1. The Honorable Jack Cagle presiding. The underlying proceeding is Andover Place Apts. v. Yolanda Turner, no. 928396 (County Civil Court at Law Number One, Harris, County Tex.).