In Re Cesar Espinosa v. the State of Texas

CourtCourt of Appeals of Texas
DecidedNovember 5, 2025
Docket04-25-00688-CV
StatusPublished

This text of In Re Cesar Espinosa v. the State of Texas (In Re Cesar Espinosa v. the State of Texas) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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In Re Cesar Espinosa v. the State of Texas, (Tex. Ct. App. 2025).

Opinion

Fourth Court of Appeals San Antonio, Texas

MEMORANDUM OPINION

No. 04-25-00688-CV

IN RE Cesar ESPINOSA

Original Proceeding 1

PER CURIAM

Sitting: Adrian A. Spears, II, Justice H. Todd McCray, Justice Velia J. Meza, Justice

Delivered and Filed: November 5, 2025

PETITION FOR WRIT OF MANDAMUS DISMISSED

On October 27, 2025, relator filed a petition for writ of mandamus challenging proceedings

in Bexar County Justice Court. We lack jurisdiction to issue a writ of mandamus against a justice

of the peace or justice court unless it is necessary to preserve our jurisdiction. See TEX. GOV’T

CODE § 22.221 (writ power of the courts of appeals); see also In re Ramirez, No. 04-22-00469-

CV, 2022 WL 3908846, at *1 (Tex. App.—San Antonio Aug. 31, 2022, orig. proceeding) (courts

of appeal lack jurisdiction to consider matters arising directly from justice court). Accordingly,

relator’s petition for writ of mandamus is DISMISSED.

1 This proceeding arises out of Cause No. 11E2504061, styled SMC Westpointe, LLC v. Cesar Espinosa & all other occupants, pending in the Municipal Court, Bexar County, Texas, the Sylvia M. Ruiz presiding.

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