in Re Barry Dwayne Minnfee ( 2009 )

Petition for Writ of Prohibition Dismissed and Memorandum Opinion filed April 2, 2009

Petition for Writ of Prohibition Dismissed and Memorandum Opinion filed April 2, 2009.

In The

Fourteenth Court of Appeals

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NO. 14-09-00241-CR

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IN RE BARRY DWAYNE MINNFEE, Relator

ORIGINAL PROCEEDING

WRIT OF PROHIBITION

M E M O R A N D U M   O P I N I O N

On March 16, 2008, relator, Barry Dwayne Minnfee, filed a petition for writ of prohibition in this Court.  See Tex. Gov=t Code Ann '22.221 (Vernon 2004); see also Tex. R. App. P. 52.1.

A writ of prohibition operates like an injunction issued by a superior court to control, limit or prevent action in an inferior court.  Holloway v. Fifth Circuit Court of Appeals, 767 S.W.2d 680, 682 (Tex. 1989) (per curiam). The writ of prohibition enables a superior court to protect and enforce its jurisdiction and judgments.  Id. at 683.  However, the use of a writ of prohibition is limited to cases in which we have actual jurisdiction of a pending proceeding.  In re Nguyen, 155 S.W.3d 191, 194 (Tex. App.CTyler 2003, orig. proceeding); In re Wyatt, 110 S.W.3d 511, 511 (Tex. App.CWaco 2003, orig. proceeding). Relator does not have an appeal pending in this court.  Therefore, we have no jurisdiction to consider relator=s petition.

Because we do not have jurisdiction, the petition for writ of prohibition is ordered dismissed. 

PER CURIAM

Panel consists of Chief Justice Hedges and Justices Anderson and Seymore. 

Do Not PublishCTex. R. App. P. 47.2(b).