Opinion issued January 4, 2007

In The

Court of Appeals

For the

First District of Texas

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NO. 01-06-01134-CV

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IN RE STACEY W. BRACKENS, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION Relator Stacey W. Brackens filed a petition for a writ of mandamus complaining of actions by respondents Department of Family and Protective Services and the County of Galveston.

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 2004). 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 this mandamus petition.

We dismiss for lack of jurisdiction the petition for a writ of mandamus.

PER CURIAM

Panel consists of Justices Nuchia, Jennings, and Higley.