DocketNumber: 04-19-00872-CV
Filed Date: 2/12/2020
Status: Precedential
Modified Date: 2/13/2020
Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-19-00872-CV IN RE SuEllen HOEFLINGER-HOTCHKISS Original Mandamus Proceeding 1 PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Irene Rios, Justice Liza A. Rodriguez, Justice Delivered and Filed: February 12, 2020 PETITION FOR WRIT OF MANDAMUS DENIED On December 17, 2019, relator filed a petition for writ of mandamus. On January 21, 2020, the real parties in interest filed a response. Mandamus is an extraordinary remedy, available only when the relator can show (1) the trial court clearly abused its discretion or violated a duty imposed by law; and (2) there is no adequate remedy by way of appeal. Walker v. Packer,827 S.W.2d 833
, 839-40 (Tex. 1992) (orig. proceeding). After considering the petition, the response, and the record, this court concludes relator is not entitled to the relief sought. Accordingly, the petition for writ of mandamus is denied. See TEX. R. APP. P. 52.8(a). PER CURIAM 1 This proceeding arises out of Cause No. 2018PC0587, styled In the Estate of Gregory Lyle Hotchkiss a/k/a Gregory L. Hotchkiss, Deceased, pending in the Probate Court No. 1, Bexar County, Texas, the Honorable Oscar J. Kazen presiding.