Court of Civil Appeals of Texas, 2025

In Re Kristina Schweyer v. the State of Texas

In Re Kristina Schweyer v. the State of Texas
Court of Civil Appeals of Texas · Decided August 5, 2025

In Re Kristina Schweyer v. the State of Texas

Opinion

Opinion issued August 5, 2025

In The Court of Appeals For The First District of Texas ———————————— NO. 01-25-00244-CV ——————————— IN RE KRISTINA SCHWEYER, Relator

Original Proceeding on Petition for Writ of Prohibition

MEMORANDUM OPINION Relator Kristina Schweyer has filed a petition for writ of prohibition.1 A court of appeals or a justice of the court has jurisdiction to issue writs—other than writs of mandamus—only when necessary to enforce the jurisdiction of the appellate court. TEX. GOV’T CODE § 22.221(a). A court of appeals’s jurisdiction to issue a writ of prohibition is limited to instances in which issuance is necessary to protect the

Relator has not identified the trial court case underlying her request for prohibition relief. subject matter of a pending appellate proceeding or to prohibit unlawful interference with enforcement of an appellate court’s judgment. In re Miller, 433 S.W.3d 82, 84 (Tex. App.—Houston [1st Dist.] 2014, orig. proceeding); see TEX. GOV’T CODE § 22.221(a); Holloway v. Fifth Court of Appeals, 767 S.W.2d 680, 683 (Tex. 1989) (orig. proceeding).

Here, Relator has not established that issuance of the writ of prohibition is necessary to protect the subject matter of a pending proceeding in this Court or to prohibit interference with enforcement of an order or judgment of this Court.

Accordingly, we lack jurisdiction to issue a writ of prohibition. See In re Restrepo, No. 08-14-00270-CV, 2014 WL 5035473, at *1 (Tex. App.—El Paso Oct. 8, 2014, orig. proceeding.) (mem. op.); In re Mosby, No. 01-03-00367-CV, 2003 WL 21026733, at *1 (Tex. App.—Houston [1st Dist.] May 8, 2003, orig. proceeding) (mem. op.).

We dismiss Relator’s petition for lack of jurisdiction. We dismiss any pending motions as moot.

PER CURIAM Panel consists of Justices Rivas-Molloy, Guiney, and Morgan.

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