CourtListener 10651295•In Re Kristina Schweyer v. the State of Texas
Testo completo
Opinion issued August 5, 2025
In The
Court of Appeals
For The
First District of Texas
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NO. 01-25-00244-CV
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IN RE KRISTINA SCHWEYER, Relator
Original Proceeding on Petition for Writ of Prohibition
MEMORANDUM OPINION
Relator Kristina Schweyer has filed a petition for writ of prohibition.1 A court
of appeals or a justice of the court has jurisdiction to issue writs—other than writs
of mandamus—only when necessary to enforce the jurisdiction of the appellate
court. TEX. GOV’T CODE § 22.221(a). A court of appeals’s jurisdiction to issue a writ
of prohibition is limited to instances in which issuance is necessary to protect the
1
Relator has not identified the trial court case underlying her request for prohibition
relief.
subject matter of a pending appellate proceeding or to prohibit unlawful interference
with enforcement of an appellate court’s judgment. In re Miller, 433 S.W.3d 82, 84
(Tex. App.—Houston [1st Dist.] 2014, orig. proceeding); see TEX. GOV’T CODE
§ 22.221(a); Holloway v. Fifth Court of Appeals, 767 S.W.2d 680, 683 (Tex. 1989)
(orig. proceeding).
Here, Relator has not established that issuance of the writ of prohibition is
necessary to protect the subject matter of a pending proceeding in this Court or to
prohibit interference with enforcement of an order or judgment of this Court.
Accordingly, we lack jurisdiction to issue a writ of prohibition. See In re Restrepo,
No. 08-14-00270-CV, 2014 WL 5035473, at *1 (Tex. App.—El Paso Oct. 8, 2014,
orig. proceeding.) (mem. op.); In re Mosby, No. 01-03-00367-CV, 2003 WL
21026733, at *1 (Tex. App.—Houston [1st Dist.] May 8, 2003, orig. proceeding)
(mem. op.).
We dismiss Relator’s petition for lack of jurisdiction. We dismiss any pending
motions as moot.
PER CURIAM
Panel consists of Justices Rivas-Molloy, Guiney, and Morgan.
2
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