In Re: Linda Gail Carter--Appeal from 310th District Court of Harris County

Petition for Writ of Mandamus Denied and Memorandum Opinion filed November 19, 2003.

In The

Fourteenth Court of Appeals

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NO. 14-03-01279-CV

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IN RE LINDA GAIL CARTER, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M O P I N I O N

On November 19, 2003, relator filed a petition for writ of mandamus in this Court. See Tex. Gov=t. Code Ann. ' 22.221; see also Tex. R. App. P. 52. In the petition, relator seeks to have this Court direct the Hon. Lisa Millard, presiding judge of the 310th District Court in Harris County, to set aside her order of November 13, 2003, entered in cause number 2003-43072. Relator also requested an emergency stay of the trial court=s order and a writ of prohibition.

We have jurisdiction to issue a writ of prohibition only to protect our own jurisdiction. See Holloway v. Fifth Court of Appeals, 767 S.W.2d 680, 683 (Tex. 1989). There is no appeal pending in this matter; thus, we have no jurisdiction to issue a writ of prohibition. We also deny relator=s request for emergency relief. See Tex. R. App. P. 52.10(a).

We find relator has not established an abuse of discretion. Accordingly, we deny relator=s petition for writ of mandamus.

PER CURIAM

Petition Denied and Memorandum Opinion filed November 19, 2003.

Panel consists of Chief Justice Brister and Justices Anderson and Seymore.