in Re Esequiel De La Paz ( 2019 )

NUMBER 13-19-00130-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE ESEQUIEL DE LA PAZ
On Petition for Writ of Mandamus.
MEMORANDUM OPINION
Before Chief Justice Contreras and Justices Longoria and Perkes
Memorandum Opinion by Justice Contreras1
Relator Esequiel De La Paz filed a petition for writ of mandamus in the above cause
seeking to compel the trial court to dismiss the underlying election contest as moot and
to cancel the general election for Justice of the Peace, Precinct 4 of Kleberg County,
Texas, which is currently set to occur on May 4, 2019. By motion for emergency relief,
relator seeks to abate the underlying trial court proceedings and the pending May 4, 2019
general election.
1 See TEX. R. APP. P. 52.8(d) (“When denying relief, the court may hand down an opinion but is not
required to do so.”); see also id. R. 47.4 (distinguishing opinions and memorandum opinions).
To obtain relief by writ of mandamus, a relator must establish that an underlying
order is void or a clear abuse of discretion and that no adequate appellate remedy exists.
In re Nationwide Ins. Co. of Am., 494 S.W.3d 708, 712 (Tex. 2016) (orig. proceeding); In
re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding);
Walker v. Packer, 827 S.W.2d 833, 839–40 (Tex. 1992) (orig. proceeding). An abuse of
discretion occurs when a trial court’s ruling is arbitrary and unreasonable or is made
without regard for guiding legal principles or supporting evidence. In re Nationwide, 494
S.W.3d at 712; Ford Motor Co. v. Garcia, 363 S.W.3d 573, 578 (Tex. 2012).
The Court, having examined and fully considered the petition for writ of mandamus,
the record, and the applicable law, is of the opinion that relator has not met his burden to
obtain mandamus relief. Accordingly, we deny the motion for emergency relief and the
petition for writ of mandamus. See TEX. R. APP. P. 52.8(a), 52.10(b).
DORI CONTRERAS
Chief Justice
Delivered and filed the
1st day of April, 2019.
2