In Re: Adeline Kristine Jemente v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: October 15, 2024
• Docket: 08-24-00346-CV
• Status: Published

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

IN RE: § No. 08-24-00346-CV

ADELINE KRISTINE JEMENTE § AN ORIGINAL PROCEEDING

Relator. § IN MANDAMUS

§

MEMORANDUM OPINION

Relator Adeline Kristine Jemente has filed a mandamus petition against Respondent, the

Honorable Jesus M. Rodriguez, Judge of County Court at Law Number 5 of El Paso County, Texas.

Relator asks that we compel Respondent to vacate his September 26, 2024 order on de novo

hearing of Relator’s objection to the Associate Judge. Respondent’s September 26 order affirmed

the Associate Judge’s order overruling Relator’s objection to the Associate Court. We deny the

petition.

Generally, mandamus relief is appropriate only to correct a clear abuse of discretion or to

compel the performance of a ministerial duty, and where the relator has no adequate remedy by

appeal. In re Reece, 341 S.W.3d 360, 364 (Tex. 2011); In re Prudential Insurance Co. of

America, 148 S.W.3d 124, 135 (Tex. 2004). After reviewing the mandamus petition, record, and response, we conclude that Relator has failed to establish she is entitled to mandamus relief.

Accordingly, we deny the petition.

GINA M. PALAFOX, Justice

October 15, 2024

Before Alley, C.J., Palafox, and Rodriguez, C.J. (Ret) Rodriguez, C.J. (Ret.) (Sitting by Assignment)