Opinion
No. 04-20-00235-CV
05-20-2020
IN RE Abelardo G. GONZALEZ
MEMORANDUM OPINION
Original Mandamus Proceeding PER CURIAM Sitting: Patricia O. Alvarez, Justice Irene Rios, Justice Liza A. Rodriguez, Justice PETITION FOR WRIT OF MANDAMUS DENIED
This proceeding arises out of Cause No. 2018CVH001007D3, styled Abelardo G. Gonzalez v. Alberto J. Gonzalez, et al., pending in the 341st Judicial District Court, Webb County, Texas, the Honorable John D. Gabriel, Jr. presiding.
On April 29, 2020, relator filed a pro se petition for writ of mandamus and a motion for temporary relief requesting a stay of the underlying proceedings pending final resolution of the petition for writ of mandamus.
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 and the record, this court concludes relator did not show he is entitled to the relief sought. Accordingly, the petition for writ of mandamus is denied. See TEX. R. APP. P. 52.8(a). Relator's motion for temporary relief is denied as moot.
PER CURIAM