In Re Cynthia Arteaga v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: November 27, 2024
• Docket: 13-24-00578-CV
• Status: Published

Opinion

NUMBER 13-24-00578-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

IN RE CYNTHIA ARTEAGA

ON PETITION FOR WRIT OF MANDAMUS

MEMORANDUM OPINION

Before Chief Justice Contreras and Justices Benavides and Silva Memorandum Opinion by Justice Silva1

Relator Cynthia Arteaga filed a petition for writ of mandamus and request for stay

in the above-referenced cause number. Relator contends that the trial court abused its

discretion on November 19, 2024 by denying her motion for rehearing on a motion to

compel discovery of “items that are relevant, material[,] and necessary” for her claims 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). causes of action against real parties in interest Rio Home Health Care, LLC, TexMed

Home Health, Inc., CATAC Enterprises LP, Richard Troy Nelson, Christopher Lofton, and

ARC Primary Care, LLC. Relator seeks to stay the December 2, 2024 jury trial setting.

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 Court, having examined and fully considered the petition for writ of mandamus,

the response, and the applicable law, is of the opinion that relator has not met her burden

to obtain mandamus relief. Accordingly, we deny the petition for writ of mandamus and

the request for stay.

CLARISSA SILVA Justice

Delivered and filed on the 27th day of November, 2024.