in Re Evatrus D. Moss

Opinion issued August 2, 2016

In The Court of Appeals For The First District of Texas ———————————— NO. 01-16-00538-CV ——————————— IN RE EVATRUS D. MOSS, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Evatrus D. Moss seeks a writ of mandamus to require the Clerk of this Court to file a new notice of appeal in appellate cause number 01–95–00571–CV.1 We dismiss the petition for lack of jurisdiction.

Once our plenary power expires, we no longer have jurisdiction to vacate or modify our judgment. See TEX. R. APP. P. 19.3. Because Moss filed no motion for rehearing in cause number 01–95–00571–CV, and no petition for review was filed with the Texas Supreme Court, this Court’s jurisdiction over this cause expired 60 days after our judgment issued on November 16, 1995. See Saudi v. Brieven, 176 S.W.3d 108, 117 (Tex. App.—Houston [1st Dist.] 2004, pet. denied); TEX. R. APP. P. 19.1. Accordingly, we have no jurisdiction to grant mandamus relief. See TEX. GOV’T CODE ANN. § 22.221 (West 2004) (appellate courts have jurisdiction to grant writs of mandamus against district or county court judges or to enforce our jurisdiction).

We dismiss the petition for lack of jurisdiction.

PER CURIAM

Panel consists of Justices Keyes, Brown, and Huddle.