in Re Patrick Earl Tarkington ( 2022 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-22-00040-CV
In re Patrick Earl Tarkington
ORIGINAL PROCEEDING FROM COMAL COUNTY
MEMORANDUM OPINION
Relator Patrick Earl Tarkington filed a pro se petition for writ of prohibition. See
Tex. Gov’t Code § 22.221. Tarkington complains that the district court lacks jurisdiction over
the underlying criminal proceeding because of insufficient facts supporting the allegations of a
protective order violation charged as a third-degree felony.
A writ of prohibition issues to prevent the commission of a future act that does
not involve a discretionary or judicial decision. See In re State ex rel. Escamilla, 561 S.W.3d 711,
715 (Tex. App.—Austin 2018, orig. proceeding). But a writ of prohibition is “a creature of
limited purpose” that is appropriate only after an appellate court's jurisdiction has been
invoked on independent grounds and then only in aid of that jurisdiction. In re Grant,
No. 14-21-00230-CR, 2021 WL 2099493, at *1 (Tex. App.—Houston [14th Dist.] May 25, 2021,
orig. proceeding) (not designated for publication). The purpose of a writ of prohibition therefore
is limited only to enabling a superior court to protect and enforce its jurisdiction and judgments
from an inferior court. See Holloway v. Fifth Court of Appeals, 767 S.W.2d 680, 682 (Tex.
1989) (orig. proceeding).
There is no pending appeal nor final judgment in the underlying criminal matter,
and therefore no writ is necessary to protect this Court’s jurisdiction. See In re Mix,
No. 10-19-00463-CR, 2019 WL 7246445, at *1 (Tex. App.—Waco Dec. 23, 2019, orig.
proceeding) (not designated for publication); see also Tex. Gov’t Code § 22.221(a).
Accordingly, Tarkington’s petition for writ of prohibition is dismissed. Tarkington’s motion for
temporary relief is also denied.
__________________________________________
Edward Smith, Justice
Before Chief Justice Byrne, Justices Kelly and Smith
Filed: January 11, 2022
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