in Re Evatrus D. Moss ( 2016 )

Opinion issued August 2, 2016
In The
Court of Appeals
For The
First District of Texas
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NO. 01-16-00538-CV
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IN RE EVATRUS D. MOSS, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Evatrus D. Moss seeks a writ of mandamus to require the Clerk of this Court
to file a new notice of appeal in appellate cause number 01–95–00571–CV.1 We
dismiss the petition for lack of jurisdiction.
1
The underlying case is The State of Texas v. Evatrus Derjuan Moss, cause number
88343, in the 80th District Court of Harris County, Texas. The case is no longer
pending.
Once our plenary power expires, we no longer have jurisdiction to vacate or
modify our judgment. See TEX. R. APP. P. 19.3. Because Moss filed no motion for
rehearing in cause number 01–95–00571–CV, and no petition for review was filed
with the Texas Supreme Court, this Court’s jurisdiction over this cause expired 60
days after our judgment issued on November 16, 1995. See Saudi v. Brieven, 176
S.W.3d 108, 117 (Tex. App.—Houston [1st Dist.] 2004, pet. denied); TEX. R. APP.
P. 19.1. Accordingly, we have no jurisdiction to grant mandamus relief. See TEX.
GOV’T CODE ANN. § 22.221 (West 2004) (appellate courts have jurisdiction to grant
writs of mandamus against district or county court judges or to enforce our
jurisdiction).
We dismiss the petition for lack of jurisdiction.
PER CURIAM
Panel consists of Justices Keyes, Brown, and Huddle.
2