in Re Warren Pierre Canady ( 2010 )

Petition for Writ of Mandamus Denied and Memorandum Opinion filed November 18, 2010.

In The

Fourteenth Court of Appeals

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NO. 14-10-01024-CR

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IN RE WARREN PIERRE CANADY, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

248th District Court

Harris County, Texas

Trial Court Cause No. 1276540

M E M O R A N D U M   O P I N I O N

            On October 21, 2010, relator filed a writ of quo warranto in this court.  See Tex. R. App. P. 52.  Relator complains the Honorable Joan Campbell, presiding judge of the 248th District Court of Harris County, Texas, has no choice but to dismiss his case because the court lacks jurisdiction.

A writ of quo warranto is an extraordinary remedy used to determine disputed questions about the proper person entitled to hold a public office and exercise its functions, or to question the existence of a public corporation or district and its right to act. State ex rel. Angelini v. Hardberger, 932 S.W.2d 489, 490 (Tex.1996).  Relator's petition is wholly unrelated to the issues for which a writ of quo warranto is available, and therefore is an improper vehicle for obtaining the relief sought by relator.

Our writ power is limited to issuing writs of mandamus and all other writs necessary to enforce our jurisdiction, which does not include a writ of quo warranto. See Tex. Gov't Code Ann. § 22.221(a) (Vernon 2004).  Accordingly, we dismiss relator's petition for writ of quo warranto for lack of jurisdiction. Tex. R. App. P. 52.8(a).

                                                                        PER CURIAM

Panel consists of Justices Seymore, Boyce, and Christopher.

Do Not Publish C Tex. R. App. P. 47.2(b).