In Re: Medhanealem Eritrean Orthodox Tewahedo Church v. the State of Texas ( 2024 )

DENIED and Opinion Filed May 28, 2024
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-24-00638-CV
IN RE MEDHANEALEM ERITREAN ORTHODOX TEWAHEDO
CHURCH, Relator
Original Proceeding from the 116th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-22-17116
MEMORANDUM OPINION
Before Justices Reichek, Goldstein, and Kennedy
Opinion by Justice Goldstein
Before the Court is relator’s Request for Writ of Prohibition and Order Staying
Proceedings. Relator filed the request in appeal No. 05-24-00546-CV, but we
construe the request as a petition for writ of prohibition initiating this original
proceeding.
Relator asks this Court to issue a writ of prohibition and a writ staying
proceedings in the trial court to prevent the trial court from granting an agreed
motion to dismiss and from entering any orders that interfere with or impair the
jurisdiction of this Court or effectiveness of any relief sought or that may be granted
in appeal No. 05-24-00546-CV.
A petition for writ of prohibition must comply with rule 52 of the Texas Rules
of Appellate Procedure. See In re Dobbins, No. 05-07-00736-CV, 2007 WL
1844915, at *1 (Tex. App.—Dallas June 28, 2007, orig. proceeding) (mem. op.)
(denying petition for writ of mandamus and prohibition on grounds the petition did
not comply with rule 52.3). Relator’s petition does not comply with rule 52 in
numerous respects. See TEX. R. APP. P. 52.1, 52.(a)–(d)(3), (e)–(h), (j), (k)(1)(A),
52.7(a). In any event, we conclude that relator has not demonstrated entitlement to
the requested relief. See In re City of Dallas, No. 05-22-00657-CV, 2022 WL
2737672, at *1 (Tex. App.—Dallas July 14, 2022, orig. proceeding) (mem. op.)
(denying petition when relator presented no proper basis for writ of prohibition).
Accordingly, we deny the petition. See TEX. R. APP. P. 52.8(a).
/Bonnie Lee Goldstein/
BONNIE LEE GOLDSTEIN
240638F.P05 JUSTICE
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