In Re Blanche Villarreal v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: November 10, 2025
• Docket: 13-25-00528-CV
• Status: Published

Opinion

NUMBER 13-25-00528-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

IN RE BLANCHE VILLARREAL

ON PETITION FOR WRIT OF MANDAMUS

MEMORANDUM OPINION

Before Justices Silva, Peña, and West Memorandum Opinion by Justice Peña1

By petition for writ of mandamus, relator Blanche Villarreal seeks to compel the

trial court to vacate its October 6, 2025 order which, inter alia, dismissed the underlying

probate proceeding for lack of jurisdiction.

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,

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. 47.1 (“The court of appeals must hand down a written opinion that is as brief as practicable but that addresses every issue raised and necessary to final disposition of the appeal.”), id. R. 47.4 (explaining the differences between opinions and memorandum opinions). 840 (Tex. 2018) (orig. proceeding) (per curiam); In re Prudential Ins. Co. of Am., 148

S.W.3d 124, 138 (Tex. 2004) (orig. proceeding). A writ of mandamus is available only

when the relator shows that the trial court clearly abused its discretion and the relator

lacks an adequate remedy on appeal. In re Ill. Nat’l Ins., 685 S.W.3d 826, 834 (Tex. 2024)

(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);

see Walker v. Packer, 827 S.W.2d 833, 840 (Tex. 1992) (orig. proceeding).

The Court, having examined and fully considered relator’s petition for writ of

mandamus, the response filed by real party in interest Victor Flores, relator’s reply, and

the applicable law, is of the opinion that relator has not met her burden to obtain relief.

Accordingly, we deny the petition for writ of mandamus.

L. ARON PEÑA JR. Justice

Delivered and filed on the 10th day of November, 2025.