in Re: Teresa Corral-Lerma ( 2011 )

Becker v. State

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

IN RE TERESA CORRAL-LERMA, RELATOR.

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No. 08-11-00146-CV AN ORIGINAL PROCEEDING

MEMORANDUM OPINION

            Relator filed a petition for writ of prohibition and writ of mandamus, contending that the trial court lacks jurisdiction to conduct a trial on the issue of attorney’s fees because its plenary power has expired and an appeal is pending in this Court. See In re Miranda, 142 S.W.3d 354, 356 (Tex.App.--El Paso 2004, orig. proceeding)(holding that writ of mandamus will issue if trial court enters void order after its plenary power expires); In re Nguyen, 155 S.W.3d 191, 194 (Tex. App.--Tyler 2003, orig. proceeding)(holding that writ of prohibition will issue to enforce jurisdiction of appellate court). Relator has the burden of showing that she is entitled to an extraordinary writ. See In re Am. Nat’l Ins. Co., 242 S.W.3d 831, 834 (Tex.App.--El Paso 2007, orig. proceeding); Tex.R.App.P. 52.7(a)(1). Relator has not met this burden. Accordingly, the petition is denied.

May 25, 2011

DAVID WELLINGTON CHEW, Chief Justice

Before Chew, C.J., McClure, and Rivera, JJ.