The opinion
Opinion issued January 16, 2014
In The
Court of Appeals
For The
First District of Texas
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NO. 01-14-00011-CV
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IN RE EDWARD R. NEWSOME, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
On January 3, 2014, relator Edward Roy Newsome filed a document in this
Court which purports to be a petition for a writ of mandamus. The underlying
lawsuit is Newsome v. St. Luke Hospital, No. 2005–06163 (234th Dist. Ct., Harris
County, Tex., Sept. 14, 2005). Relator’s petition and motions do not identify the
respondent or real party in interest. In addition, relator has neither paid the
required filing fees, nor filed an affidavit of indigence that complies with the
requirements of the Texas Rules of Appellate Procedure. Relator has also failed to
provide a record as required by TEX. R. APP. P. 52.7.
A court of appeals has no general writ power over a person—other than a
judge of a district or county court—unless issuance of the writ is necessary to
enforce the jurisdiction of the court in a case properly before it. See Tex. Gov’t
Code Ann. § 22.221(a), (b) (West 2013); Silva v. Klevenhagen, 833 S.W.2d 746,
747 (Tex. App.—Houston [1st Dist.] 1992, orig. proceeding). Because the petition
does not identify the respondent, we have no jurisdiction over relator’s petition.
We dismiss relator’s petition for writ of mandamus for want of jurisdiction.
All outstanding motions are dismissed as moot.
PER CURIAM
Panel consists of Justices Keyes, Bland, and Brown.
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