in Re: Eric Flores ( 2010 )


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  •                                     COURT OF APPEALS
    EIGHTH DISTRICT OF TEXAS
    EL PASO, TEXAS
    §
    IN RE
    §               No. 08-10-00288-CV
    ERIC FLORES,                                   §       AN ORIGINAL PROCEEDING IN
    §                  MANDAMUS
    RELATOR.
    §
    MEMORANDUM OPINION
    ON PETITION FOR WRIT OF MANDAMUS
    Eric Flores has filed a petition for writ of mandamus to complain of decisions related to
    his commitment to a psychiatric center. The El Paso County Probate Court No. 1 ordered
    Mr. Flores to be detained under a warrant of emergency detention and later found probable cause
    to believe that Mr. Flores could cause serious harm to himself or another person. See
    TEX .HEALTH & SAFETY CODE ANN . §§ 573.012, 574.025, 574.026 (Vernon 2010). The case was
    set for a jury trial on September 24, 2010.
    Mr. Flores asserts that the trial court has prevented him from pursuing nonfrivolous legal
    claims. However, the petition states that Mr. Flores is represented by counsel in the commitment
    proceedings. Because he is represented by counsel, neither the probate court nor this Court is
    obligated to accept or consider Mr. Flores’s pro se requests for relief. See In re Watson, No.
    07-08-0232-CV, 
    2008 WL 2583003
    , at *1 (Tex.App.--Amarillo June 30, 2008, orig. proceeding);
    In re Sondley, 
    990 S.W.2d 361
    , 362 (Tex.App.--Amarillo 1999, orig. proceeding). Accordingly,
    the petition for writ of mandamus is denied.
    October 13, 2010
    DAVID WELLINGTON CHEW, Chief Justice
    Before Chew, C.J., McClure, and Rivera, JJ.
    -2-
    

Document Info

Docket Number: 08-10-00288-CV

Filed Date: 10/13/2010

Precedential Status: Precedential

Modified Date: 10/16/2015