In Re Kristina Schweyer v. the State of Texas

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