Your FREE and easy resource for all things Texas workers' compensation
At a Glance:
Title:
In re Morales
Date:
July 13, 2021
Citation:
01-20-00794-CV
Court:
1st COA – Houston
Status:
Unpublished Opinion

In re Morales

Court of Appeals of Texas, Houston (1st Dist.).

IN RE Reynaldo MORALES, Relator

NO. 01-20-00794-CV

|

Opinion issued July 13, 2021

Original Proceeding on Petition for Writ of Mandamus

Attorneys and Law Firms

Reynaldo Morales, Pro Se.

Barbara Ann Quigg, for Real party in interest.

Panel consists of Justices Goodman, Hightower, and Rivas-Molloy.

MEMORANDUM OPINION

PER CURIAM

Relator, Reynaldo Morales, has filed a document entitled “Emergency Motion to Stay,” but he has not provided an appellate case number and all previously-filed appeals and original proceedings have been finally adjudicated. Accordingly, the Court construed this motion to be a petition for writ of mandamus.1

Morales mentions harassment and persecution that he has experienced, but he does not complain of a ruling by the trial court. Morales attaches the following to his petition:

• A November 10, 2020 letter from this Court acknowledging receipt of a communication from Morales concerning appellate cause number 01-17-00474-CV, a case that is no longer pending, but noting that we no longer have jurisdiction to act in that cause;

• Postcards from this Court advising Morales of the denial of motions for rehearing in appellate cause number 01-17-00474-CV;

• This Court’s December 18, 2014 opinion in appellate cause number 01-14-00429-CV affirming the trial court’s dismissal of his appeal based on a grant of the defendant’s plea to the jurisdiction and motion to dismiss;

• A November 9, 2015 notice from the Supreme Court of the United States advising that Morales’s petition for certiorari had been denied;

• This Court’s mandate issued on June 5, 2015 in appellate cause number 01-14-00429-CV, affirming the trial court’s judgment;

• Worker’s compensation documentation from the Texas Department of Insurance, Division of Workers’ Compensation;

• Morales’s motion for en banc reconsideration in an unspecified case;

• A letter from this Court advising Morales that this Court no longer has jurisdiction in appellate cause number 01-19-00051-CV and that his communication was received and placed in the file, but no action would be taken;

• An order issued on April 30, 2020, stating that the mandate issued in appellate cause number 01-19-00051-CV on February 14, 2020, and the court no longer has jurisdiction over the appeal and thus, no further action would be taken on any filings;

• This Court’s mandate issued in appellate cause number 01-19-00051-CV on February 14, 2019, affirming the trial court’s judgment;

• This Court’s January 28, 2020 notice that the Court had denied Morales’s motion to reconsider and motion for rehearing in appellate cause number 01-19-00051-CV;

• The December 10, 2008 “Decision and Order” issued by the Texas Department of Insurance, Division of Workers’ Compensation.

Many of these documents concern previous appeals or original proceedings that have been adjudicated and are no longer active cases. But Morales has presented no argument, citation to the record, or complaint concerning any ruling or action by the trial court.

Because Morales presents no complaint about a trial court ruling or an action that requires this Court to enforce its jurisdiction, we have no power to issue relief. See TEX. GOV’T CODE § 22.221(a)-(b).

We deny the petition. Any pending motions are dismissed as moot.

Footnotes

1

The underlying case is Reynaldo Morales v. Travelers Indemnity Company of Connecticut, cause number 2013-54065, pending in the 165th District Court of Harris County, Texas, the Honorable Ursula Hall presiding.

End of Document
Top