in Re Jose "Joe" Hinojosa ( 2015 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-15-00442-CV
IN RE Jose “Joe” HINOJOSA
Original Proceeding 1
PER CURIAM
Sitting: Sandee Bryan Marion, Chief Justice
Luz Elena D. Chapa, Justice
Jason Pulliam, Justice
Delivered and Filed: July 22, 2015
PETITION FOR WRIT OF MANDAMUS AND WRIT OF PROHIBITION DENIED
On July 17, 2015, relator Jose “Joe” Hinojosa filed a petition for writs of mandamus and
prohibition and a motion requesting emergency relief with respect to his placement on a promotion
eligibility list and the deadline for filling a vacant investigator position within the police
department in Laredo, Texas. Relator seeks an order from this court directing the trial court to
vacate its July 6, 2015 order granting the defendants’ motion for new trial and awarding final
judgment in favor of the defendants as a matter of law based on the parties’ stipulated facts. The
court has considered relator’s petition and is of the opinion that relator is not entitled to the relief
sought. See, e.g., In re Procesos Especializados en Metal, S.A. de C.V., No. 04-14-00543-CV,
1
This proceeding arises out of Cause No. 2014-CVZ-000338 D3, styled Jose “Joe” Hinojosa v. Firefighters and
Police Officers’ Civil Service Commission of the City of Laredo, Texas; Irma Mireles, Vidal Cantu Jr., Jesus Torres
and Luis Dovalina, Individually, pending in the 341st Judicial District Court, Webb County, Texas, the Honorable
Rebecca Ramirez Palomo presiding.
04-15-00442-CV
2014 WL 4347724, at *2-3 (Tex. App.—San Antonio Sept. 3, 2014, orig. proceeding) (mandamus
review of orders granting new trial is only available in “exceptional circumstances” where trial
court sets aside jury verdict). Accordingly, the petition for writs of mandamus and prohibition and
the motion for emergency relief are denied. See TEX. R. APP. P. 52.8(a).
PER CURIAM
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