in Re Kori Lynn Ugalde (Plowman)

Opinion issued January 6, 2005









In The

Court of Appeals

For the

First District of Texas

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NO. 01-04-01271-CV

NO. 01-04-01273-CV

NO. 01-04-01274-CV

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IN RE KORI LYNN UGALDE (PLOWMAN), Relator





Original Proceedings on Petitions for Writs of

Mandamus, Injunction, and Prohibition





MEMORANDUM OPINIONRelator, Kori Lynn Ugalde (Plowman) has filed petitions seeking writs of mandamus, injunction, and prohibition in which she complains of alleged actions by the trial court, Judge Kern, and by the real party-in-interest, Arthur Glenn Plowman, Jr.. Relator’s underlying premise in seeking the writs of mandamus, injunction, and prohibition is that Judge Kern’s and Plowman’s actions violate the temporary stays issued by this Court on December 14, 2004, and December 17, 2004, in Cause No. 01-04-01227-CV, in which relator also sought a petition for a writ of mandamus against Judge Kern, as well as temporary relief.

          On December 22, 2004, we denied the petition for a writ of mandamus in Cause No. 01-04-01227-CV, lifted the stays in that cause, which were due to expire on December 22, 2004, and denied relator’s motion to extend emergency stay and for temporary relief.

          Having denied the petition for a writ of mandamus in Cause No. 01-04-01227-CV, we deny relator’s petition for a writ of mandamus in this cause. With respect to relator’s petitions for a writ of injunction and a writ of prohibition, having denied relief in Cause No. 01-04-01227-CV, we no longer have jurisdiction in that cause and therefore lack jurisdiction to issue a writ of injunction or a writ of prohibition in this cause. See Tex. Gov’t Code Ann. § 22.221(a) (Vernon 2004) (“Each court of appeals or a justice of a court of appeals may issue a writ of mandamus “and all other writs necessary to enforce the jurisdiction of the court.”) (Emphasis added.). Because we have no jurisdiction to issue a writ of injunction or a writ of prohibition, we dismiss, for lack of jurisdiction, relator’s petitions seeking those forms of relief.

 

 

Elsa Alcala

Justice


Panel consists of Chief Justice Radack and Justices Keyes and Alcala.