Opinion issued September 11, 2003
In The
Court of Appeals
For the
First District of Texas
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NO. 01-03-00792-CV
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IN RE CARL E. JORDAN, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION Relator Carl E. Jordan has filed a petition for a writ of mandamus directed at Harris County District Attorney Charles A. Rosenthal.
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. Lesikar v. Anthony, 750 S.W.2d 338, 339 (Tex. App.--Houston [1st Dist.] 1988, orig. proceeding).
We have no actual jurisdiction over a pending proceeding in this case. Accordingly, we have no subject-matter jurisdiction to issue a writ of mandamus directed at the district attorney.
We dismiss for want of jurisdiction the petition for a writ of mandamus and all pending motions.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Alcala and Higley.