IN RE: GABRIEL OSSY ISAAC (2017)

MEMORANDUM OPINION

Before the Court is relator's January 3, 2017 petition for writ of prohibition. A writ of prohibition is typically used to protect the subject matter of an appeal or to prohibit an unlawful interference with enforcement of an appellate court's judgment. Holloway v. Fifth Court of Appeals, 767 S.W.2d 680, 683 (Tex.1989) (orig. proceeding). The writ is designed to operate like an injunction issued by a superior court to control, limit, or prevent action in a court of inferior jurisdiction. Id. at 682–83. This Court may issue a writ of prohibition in only limited circumstances. In re Bolton, No. 05-10-01115-CV, 2010 WL 4011041, at *1 (Tex. App.—Dallas Oct. 14, 2010, orig. proceeding) (“a writ of prohibition has three functions: (1) preventing interference with higher courts in deciding a pending appeal; (2) preventing an inferior court from entertaining suits that will re-litigate controversies already settled by the issuing court; and (3) prohibiting a trial court's action when it affirmatively appears the court lacks jurisdiction.”) (citing Humble Exploration Co., Inc. v. Walker, 641 S.W.2d 941, 943 (Tex. App.—Dallas 1982, no writ)). Having reviewed relator's petition and accompanying appendix, we have determined that the case does not fall within this Court's limited jurisdiction to issue a writ of prohibition. We, therefore, DISMISS the petition for want of jurisdiction.

ROBERT M. FILLMORE JUSTICE