in Re Reynol Alanis ( 2013 )

NUMBER 13-13-00262-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE REYNOL ALANIS
On Petition for Writ of Mandamus.
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Benavides and Longoria
Memorandum Opinion Per Curiam1
Relator, Reynol Alanis, filed a petition for writ of mandamus in the above cause
on May 20, 2013, requesting that we direct the trial court to: (1) vacate its order
granting a motion to set aside a mediated settlement agreement, (2) grant relator’s
request for a judgment on the agreement, and (3) enter judgment conforming to the
mediated settlement agreement. By order issued on May 21, 2013, the Court requested
that the real party in interest, Yadira Ozuna Alanis, file a response to the petition for writ
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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.”); TEX. R. APP. P. 47.4 (distinguishing opinions and memorandum opinions).
of mandamus. See TEX. R. APP. P. 52.4, 52.8. The real party in interest’s response to
the petition for writ of mandamus was filed on May 28, 2013.
To be entitled to the extraordinary relief of a writ of mandamus, the relator must
show that the trial court abused its discretion and that there is no adequate remedy by
appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig.
proceeding). The relator has the burden of establishing both prerequisites to
mandamus relief. In re CSX Corp., 124 S.W.3d 149, 151 (Tex. 2003) (orig.
proceeding). This burden is a heavy one. See In re Epic Holdings, Inc., 985 S.W.2d 41
(Tex. 1998) (orig. proceeding).
The Court, having examined and fully considered the petition for writ of
mandamus, the response thereto, and the applicable law, is of the opinion that relator
has not met his burden to obtain mandamus relief. See In re Prudential Ins. Co. of Am.,
148 S.W.3d at 135–36; In re Kasschau, 11 S.W.3d 305, 311–12 (Tex. App.—Houston
[14th Dist.] 1999, orig. proceeding). Accordingly, the petition for writ of mandamus is
DENIED. See TEX. R. APP. P. 52.8(a).
PER CURIAM
Delivered and filed the
4th day of June, 2013.
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