Opinion issued May 8, 2003

In The

Court of Appeals

For the

First District of Texas

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NOS. 01-03-00367-CV

01-03-00413-CV

01-03-00414-CV

01-03-00415-CV

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IN RE RICHARD A. MOSBY, Relator

Original Proceeding on Petitions for Writs of Prohibition and

Quo Warranto and for a Declaratory Judgment

MEMORANDUM OPINION Relator Richard A. Mosby has filed--on his on behalf and "for others similarly situated"--petitions for (1) writs of prohibition (cause number 01-03-00367-CV), (2) writs of quo warranto (cause numbers 01-03-00413-CV and 01-03-00414-CV), and (3) a declaratory judgment (cause number 01-03-00415-CV). Mosby has also filed motions for leave to file each of these petitions. ⁽¹⁾

Mosby's controlled substances registration certificate was revoked by the Texas Department of Public Safety on October 4, 2001. His medical license was revoked by the Texas State Board of Medical Examiners on August 16, 2002. Tex. State Bd. Med. Exam'rs, In re Mosby, SOAH Docket No. XXX-XX-XXXX (Aug. 16, 2002). He pleaded guilty to knowingly or intentionally delivering a prescription form for other than a valid medical purpose in the course of professional practice, and the trial court accessed punishment at 5-years imprisonment and a $500 fine, suspended for 5-years community supervision. State v. Mosby, No. 884754 (351st Dist. Ct., Harris County, Tex. Nov. 5, 2002), appeal dismissed, No. 06-03-00014-CR (Tex. App.--Texarkana Mar. 5, 2003), reh'g granted, (Tex. App.--Texarkana Apr. 16, 2003); see Tex. Health & Safety Code Ann. § 481.129(c)(1), (f)(2) (Vernon Supp. 2003).

Writs of Prohibition In cause number 01-03-00367-CV, Mosby demands that this Court issue writs of prohibition directed at the 98 Harris County courts ⁽²⁾ and 96 judges ⁽³⁾ to prevent them from hearing and determining matters he claims lie exclusive within the jurisdiction of the Texas State Board of Medical Examiners, the State Office of Administrative Hearings, and the Travis County courts.

A court of appeals or a justice of the court has jurisdiction to issue writs--other than writs of mandamus against a district or county court judge--only when necessary to enforce the jurisdiction of the appellate court. Tex. Gov't Code Ann. § 22.221(a), (b) (Vernon Supp. 2003). A court of appeals's jurisdiction under section 22.221(a) to issue writs is limited to cases in which the court has actual jurisdiction of a pending proceeding. Lesikar v. Anthony, 750 S.W.2d 338, 339 (Tex. App.--Houston [1st Dist.] 1988, orig. proceeding).

We have no actual jurisdiction over a pending proceeding in this case. Accordingly, we have no subject-matter jurisdiction over cause number 01-03-00367-CV.

Writs of Quo Warranto In cause numbers 01-03-00413-CV and 01-03-00414-CV, Mosby demands that this Court issue writs of quo warranto directed at (1) the 98 Harris County courts and 96 Harris County judges (cause number 01-03-00413-CV) and (2) the Texas State Board of Medical Examiners (cause number 01-03-00414-CV) to inquire by what authority the Harris County courts and judges and the Texas State Board of Medical Examiners have interfered with Mosby's medical license and controlled substances registration certification.

As previously discussed, a court of appeals or a justice of the court has jurisdiction to issue writs--other than writs of mandamus against a district or county court judge--only when necessary to enforce the jurisdiction of the appellate court. Tex. Gov't Code Ann. § 22.221(a), (b) (Vernon Supp. 2003). Jurisdiction under section 22.221(a) to issue writs is limited to cases in which the court has actual jurisdiction of a pending proceeding. Lesikar, 750 S.W.2d at 339. Because we have no actual jurisdiction over a pending proceeding in this case, we have no subject-matter jurisdiction over cause numbers 01-03-00413-CV and 01-03-00414-CV.

Declaratory Judgment

In cause number 01-03-00415-CV, Mosby demands that this Court render a declaratory judgment (1) to define his rights--and the rights of "others similarly situated"--to practice medicine and to dispense controlled substances and (2) to define the limits of the Harris County courts and judges to interfere with his rights and the rights of "others similarly situated." Mosby does not identify the proper opposing parties to this proposed declaratory judgment, but we will assume they would be the 98 Harris County courts, 96 Harris County judges, and Texas State Board of Medical Examiners.

The jurisdiction of a court of appeals is appellate, unless the legislature confers original jurisdiction by statute. ⁽⁴⁾ Tex. Const. art. V, § 6(a). We are not aware of any statute that gives this Court original jurisdiction to render a declaratory judgment, and Mosby cites us to no such statute. Accordingly, we conclude we have no subject-matter jurisdiction over cause number 01-03-00415-CV.

Conclusion We dismiss cause numbers 01-03-00367-CV, 01-03-00413-CV, 01-03-00414-CV, and 01-03-00415-CV for want of subject-matter jurisdiction. The corresponding motions for leave to file each of the petitions are dismissed as moot.

PER CURIAM

Panel consists of Justices Hedges, Jennings, and Alcala.

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