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In re Espinoza

Court of Appeals of Texas, Fourth District, San Antonio
Jul 13, 2022
No. 04-22-00106-CV (Tex. App. Jul. 13, 2022)

Opinion

04-22-00106-CV

07-13-2022

IN RE Joe Anthony ESPINOZA, Sr., Relator


Original Proceeding

This proceeding arises out of Cause No. 1915-C, styled In the Interest of J.A.E., Jr., pending in the County Court at Law, Kerr County, Texas, the Honorable Susan Harris presiding.

Sitting: Patricia O. Alvarez, Justice Irene Rios, Justice Liza A. Rodriguez, Justice

MEMORANDUM OPINION

PER CURIAM

On February 22, 2022, relator filed a petition for writ of mandamus. On February 24, 2022, this court requested that the respondent and real party in interest file a response to the petition. On February 28, 2022, relator filed an amended petition for writ of mandamus. After being granted an extension, the real party in interest filed a timely response on April 6, 2022.

Mandamus is an extraordinary remedy, available only when the relator can show (1) the trial court clearly abused its discretion or violated a duty imposed by law; and (2) there is no adequate remedy by way of appeal. Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding). After considering the petition, the amended petition, and the response filed, we conclude relator has not shown he is entitled to the relief sought. Accordingly, relator's amended petition for writ of mandamus is denied. See Tex. R. App. P. P. 52.8(a).

PETITION FOR WRIT OF MANDAMUS DENIED


Summaries of

In re Espinoza

Court of Appeals of Texas, Fourth District, San Antonio
Jul 13, 2022
No. 04-22-00106-CV (Tex. App. Jul. 13, 2022)
Case details for

In re Espinoza

Case Details

Full title:IN RE Joe Anthony ESPINOZA, Sr., Relator

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

Date published: Jul 13, 2022

Citations

No. 04-22-00106-CV (Tex. App. Jul. 13, 2022)