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In re Garcia

Court of Appeals of Texas, Fourth District, San Antonio
Oct 22, 2008
No. 04-08-00697-CV (Tex. App. Oct. 22, 2008)

Opinion

No. 04-08-00697-CV

Delivered and Filed: October 22, 2008.

Original Mandamus Proceeding.

PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION.

Sitting: KAREN ANGELINI, Justice, PHYLIS J. SPEEDLIN, Justice, STEVEN C. HILBIG, Justice.


MEMORANDUM OPINION


On September 16, 2008, relator Roberto Garcia filed a petition for writ of mandamus seeking to compel Elizabeth Lipsey, executrix of the estates of Jose Garcia and Hortencia Garcia, and Demetrio Duarte, attorney for executrix, to provide "disclosure and inspection of his inheritance." This court's mandamus authority is quite limited. In re Coronado, 980 S.W.2d 691, 692 (Tex.App.-San Antonio 1998, orig. proceeding); see also TEX. GOV'T CODE ANN. § 22.221(a), (b) (Vernon 2004). In order for the executrix or the executrix's attorney to fall under our mandamus authority, relator must demonstrate that the issuance of the writ is necessary to enforce our jurisdiction. See Coronado, 980 S.W.2d at 692. Relator has failed to establish the writ he is requesting is necessary to enforce our jurisdiction. Accordingly, the petition for writ of mandamus is dismissed for lack of jurisdiction.


Summaries of

In re Garcia

Court of Appeals of Texas, Fourth District, San Antonio
Oct 22, 2008
No. 04-08-00697-CV (Tex. App. Oct. 22, 2008)
Case details for

In re Garcia

Case Details

Full title:IN RE Roberto GARCIA

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Oct 22, 2008

Citations

No. 04-08-00697-CV (Tex. App. Oct. 22, 2008)