NO. 07-04-0435-CV

NO. 07-04-0436-CV

NO. 07-04-0437-CV

Before JOHNSON, C.J., and REAVIS and CAMPBELL, JJ.

By these original proceedings, Relators Ashley Gutierrez, by and through her next friend Michelle Cordova, and Joseph Alarcon Gonzalez, natural parents of Ashley Gutierrez, seek a writ of mandamus denying "the standing of " Jeffrey Donald Gurney and Alicia Munoz Gurney to pursue "their second cause of action" relating to cause number 54,925-B, District Court, Randall County, Texas. They also request that we issue a writ of prohibition that the Honorable John Board, Judge of the 181st District Court, and the Honorable James Anderson, Judge of the County Court at Law of Randall County, not proceed with hearings in cause numbers 51,715-B and 54,925-B until a ruling on the petitions for writ of mandamus.

A writ of mandamus will only issue to correct a clear abuse of discretion or violation of a duty imposed by law when there is no adequate remedy at law by appeal. Walker v, Packer, 827 S.W.2d 833, 837-38 (Tex. 1992). Moreover, an appeal, not an original proceeding, is the appropriate method to remedy a trial court's failure to give preclusive effect to a final judgment and thus appellate courts have no authority to issue writs of prohibition to protect unappealed judgments. See Holloway v. Fifth Court of Appeals, 767 S.W.2d 680, 683 (Tex. 1989). Accordingly, the petitions for writ of mandamus and writ of prohibition are denied.

Per Curiam

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FROM THE 47^TH DISTRICT COURT OF POTTER COUNTY;

NO. 95,881-A; HON. HAL MINER, PRESIDING

Memorandum Opinion

_____________________________

Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.

          On October 17, 2008, this court issued its order, in the above referenced cause, requiring Kelly James Stinson (Stinson) “to pay for the record or make arrangements for its payment suitable to the District Clerk of Potter County” no later than October 29, 2008. Furthermore, we advised Stinson that failure to do so would result in the dismissal of this cause pursuant to Texas Rule of Appellate Procedure 37.3(b). To date, we have not received any reply from Stinson showing that payment or financial arrangements have been made pursuant to this court’s order.

          Accordingly, we dismiss the appeal for want of prosecution.

                                                                           Brian Quinn

                                                                          Chief Justice