Opinion
NO. 14-19-00185-CV
03-28-2019
IN RE SAN JACINTO RIVER AUTHORITY, Relator
ORIGINAL PROCEEDING WRIT OF MANDAMUS
County Civil Court at Law No. 1 Harris County, Texas
Trial Court Cause No. 1123898
MEMORANDUM OPINION
On March 7, 2019, relator San Jacinto River Authority filed a petition for writ of mandamus, a writ of prohibition, or a writ of injunction in this court. See Tex. Gov't Code Ann. § 22.221 (West Supp. 2017); see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the Honorable George Barnstone, presiding judge of the County Civil Court at Law No. 1 of Harris County, to vacate his February 26, 2019 order denying relator's motion to dismiss, and dismiss the suit.
Relator also filed a motion for temporary relief, asking our court to stay proceedings in the trial court. See Tex. R. App. P. 52.10.
With certain exceptions not applicable here, to obtain mandamus relief, a relator must show both that the trial court clearly abused its discretion and that relator has no adequate remedy at law, such as an appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding).
This court has jurisdiction to issue writs of prohibition to protect its jurisdiction. See Tex. Gov't Code Ann. § 22.221(a). "A writ of prohibition may be granted to prevent interference with higher courts in deciding a pending appeal." In re Harper, No. 14-11-00657-CV, 2011 WL 3667871, at *1 (Tex. App.—Houston [14th Dist.] Aug. 23, 2011, orig. proceeding) (per curiam) (mem. op.). "This court should exercise great caution before issuing a writ of prohibition." Id. "A party seeking a writ of prohibition must show (1) that it has no other adequate remedy at law, and (2) that it is clearly entitled to the relief sought." In re Walker, No. 14-18-01078-CV, 2018 WL 6684309, at *1 (Tex. App.—Houston [14th Dist.] Dec. 20, 2018, orig. proceeding) (per curiam) (mem. op.).
The purpose of a writ of injunction is to enforce or protect the appellate court's jurisdiction. In re Olson, 252 S.W.3d 747, 747 (Tex. App.—Houston [14th Dist.] 2008, orig. proceeding). "The threat of jurisdictional interference must be real; the writ will not issue to prevent the mere possibility of interference." Wilson v. Woodland Hills Apartments, No. 05-15-01369-CV, 2017 WL 526609, at *3 (Tex. App.—Dallas Feb. 9, 2017, pet. denied). "The issuance of an extraordinary writ, such as a writ of injunction, is not authorized when there is another adequate remedy." In re Walker, 2018 WL 6684309, at *1.
Relator has not established that it is entitled to a writ of mandamus, a writ of prohibition, or a writ of injunction. We therefore deny relator's petition and motion for temporary relief.
PER CURIAM Panel consists of Chief Justice Frost and Justices Jewell and Bourliot.