in Re I.C. Moreno ( 2013 )

NUMBER 13-13-00465-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE I. C. MORENO
On Petition for Writ of Mandamus.
MEMORANDUM OPINION
Before Justices Rodriguez, Benavides, and Longoria
Per Curiam Memorandum Opinion1
On August 21, 2013, relator, I. C. Moreno, filed a petition for writ of mandamus
contending that the trial court erred in disqualifying his attorney, the Honorable Juan
Perales, by order issued on February 13, 2013. The Court requested, but did not
receive, a response to the petition for writ of mandamus from the real party in interest,
Gracie Fuentes.
Ordinarily, mandamus relief lies when the trial court has abused its discretion and
a party has no adequate appellate remedy. In re Prudential Ins. Co., 148 S.W.3d 124,
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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).
135-36 (Tex. 2004) (orig. proceeding); Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex.
1992) (orig. proceeding). A trial court abuses its discretion if it reaches a decision so
arbitrary and unreasonable as to amount to a clear and prejudicial error of law or if it
clearly fails to correctly analyze or apply the law. See In re Cerberus Capital Mgmt.,
L.P., 164 S.W.3d 379, 382 (Tex. 2005) (orig. proceeding). In determining whether
appeal is an adequate remedy, we consider whether the benefits outweigh the
detriments of mandamus review. In re BP Prods. N. Am., Inc., 244 S.W.3d 840, 845
(Tex. 2008) (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). We determine whether the relator has established his entitlement to
the extraordinary relief of a writ of mandamus, not whether the real party in interest has
shown that the relator is not entitled to mandamus relief. Canadian Helicopters, Ltd. v.
Wittig, 876 S.W.2d 304, 305 (Tex.1994) (orig. proceeding); In re Houstonian Campus,
L.L.C., 312 S.W.3d 178, 187–88 (Tex. App.—Houston [14th Dist.] 2010, orig.
proceeding) (Frost, J., concurring & dissenting); see TEX. R. APP. P. 52.4. In
determining the propriety of mandamus relief, appellate courts may not deal with
disputed areas of fact. In re Pirelli Tire, L.L.C., 247 S.W.3d 670, 676 (Tex. 2007) (orig.
proceeding); In re Angelini, 186 S.W.3d 558, 560 (Tex. 2006) (orig. proceeding).
The Court, having examined and fully considered the petition for writ of
mandamus under the applicable standard of review, is of the opinion that relator has not
shown himself entitled to the relief sought. Accordingly, the stay previously imposed by
this Court is LIFTED. See TEX. R. APP. P. 52.10(b) (“Unless vacated or modified, an
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order granting temporary relief is effective until the case is finally decided.”). The
petition for writ of mandamus is DENIED. See id. 52.8(a).
PER CURIAM
Delivered and filed the 17th
day of October, 2013.
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