in Re Rolando Araiza Garza ( 2022 )

NUMBER 13-22-00482-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
IN RE ROLANDO ARAIZA GARZA
On Petition for Writ of Mandamus.
MEMORANDUM OPINION
Before Justices Longoria, Hinojosa, and Silva
Memorandum Opinion by Justice Longoria1
On October 11, 2022, relator Rolando Araiza Garza filed a petition for writ of
mandamus through which he asserts, by one issue, that the trial court abused its
discretion when it approved a mediated settlement agreement and granted a divorce, but
subsequently refused to sign a final judgment “and, instead, ordered more mediation and
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. When granting relief, the court must hand down an opinion as in any other case.”); id. R.
47.4 (distinguishing opinions and memorandum opinions).
another final hearing.”
Mandamus is an extraordinary and discretionary remedy. See In re Allstate Indem.
Co., 622 S.W.3d 870, 883 (Tex. 2021) (orig. proceeding); In re Garza, 544 S.W.3d 836,
840 (Tex. 2018) (orig. proceeding) (per curiam); In re Prudential Ins. Co. of Am., 148
S.W.3d 124, 138 (Tex. 2004) (orig. proceeding). The relator must show that (1) the trial
court abused its discretion, and (2) the relator lacks an adequate remedy on appeal. In re
USAA Gen. Indem. Co., 624 S.W.3d 782, 787 (Tex. 2021) (orig. proceeding); In re
Prudential Ins. Co. of Am., 148 S.W.3d at 135–36; Walker v. Packer, 827 S.W.2d 833,
839–40 (Tex. 1992) (orig. proceeding). “The relator bears the burden of proving these two
requirements.” In re H.E.B. Grocery Co., 492 S.W.3d 300, 302 (Tex. 2016) (orig.
proceeding) (per curiam); Walker, 827 S.W.2d at 840. Mandamus relief may be available
if the trial court erroneously refuses to enter judgment on a mediated settlement
agreement. See In re Lee, 411 S.W.3d 445, 450 n.7 (Tex. 2013) (orig. proceeding); In re
Minix, 543 S.W.3d 446, 450–51 (Tex. App.—Houston [14th Dist.] 2018, orig. proceeding
[mand. denied]).
This 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 petition for writ of
mandamus. See Tex. R. App. P. 52.8(a), (d).
NORA L. LONGORIA
Justice
Delivered and filed on the
26th day of October, 2022.
2