Court of Civil Appeals of Texas, 2022

in Re Kerry Lynn Gallagher

in Re Kerry Lynn Gallagher
Court of Civil Appeals of Texas · Decided August 9, 2022

in Re Kerry Lynn Gallagher

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-22-00470-CV

In re Kerry Lynn Gallagher

ORIGINAL PROCEEDING FROM TRAVIS COUNTY

MEMORANDUM OPINION

Relator has filed a petition for writ of injunction seeking to restrain the justice of the peace, an attorney, and the State of Texas from taking further action in an underlying eviction proceeding. Our injunctive power is limited to preventing a litigant from taking actions. See In re Tex. Dep’t of Transp., 583 S.W.3d 794, 798 (Tex. App.—El Paso 2019, orig. proceeding).

Moreover, Relator has failed to demonstrate our jurisdiction is implicated here or that any pending appeal exists before us. In re Olson, 252 S.W.3d 747, 747–48 (Tex. App.—Houston [14th Dist.] 2008, orig. proceeding); see also Tex. Gov’t Code § 22.221(a). Accordingly, we dismiss the petition for writ of injunction for want of jurisdiction.

__________________________________________ Darlene Byrne, Chief Justice Before Chief Justice Byrne, Justices Triana and Smith Filed: August 9, 2022

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