in Re Joe Anthony Espinoza ( 2021 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-21-00222-CV
IN RE Joe Anthony ESPINOZA, Relator
Original Proceeding 1
PER CURIAM
Sitting: Luz Elena D. Chapa, Justice
Irene Rios, Justice
Beth Watkins, Justice
Delivered and Filed: June 23, 2021
PETITION FOR WRIT OF MANDAMUS DENIED
Relator has filed a petition for writ of mandamus and motion for temporary relief. We may
issue writs of mandamus when “agreeable to the principles of law regulating those writs.” TEX.
GOV’T CODE § 22.221(b). For mandamus, a relator has the burden to file a petition and record
showing “the trial court abused its discretion and that no adequate appellate remedy exists.” In re
H.E.B. Grocery Co., 492 S.W.3d 300, 302 (Tex. 2016) (orig. proceeding) (per curiam). Having
reviewed the petition, appendix, and record, we conclude relator has not satisfied this burden.
Accordingly, we deny the petition and motion for temporary relief. See TEX. R. APP. P. 52.8(a);
see also Terrazas v. Ramirez, 829 S.W.2d 712, 723 (Tex. 1991) (orig. proceeding) (“As a rule,
mandamus is not available to compel an action which has not first been demanded and refused.”).
PER CURIAM
This proceeding arises out of Cause No. 1915C pending in the County Court at Law, Kerr County, Texas, the
1
Honorable Susan Harris presiding.