In Re Francisco Ponciano-Ortiz v. the State of Texas

Opinion

In the

Court of Appeals Second Appellate District of Texas at Fort Worth

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No. 02-25-00701-CV

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IN RE FRANCISCO PONCIANO-ORTIZ, Relator

Original Proceeding

442nd District Court of Denton County, Texas Trial Court No. 24-10868-442

Before Womack, J.; Sudderth, C.J.; and Birdwell, J.

Per Curiam Memorandum Opinion

MEMORANDUM OPINION

The court has considered relator’s “Petition for Writ of Mandamus,”

“Response of Real Party in Interest to Petition for Writ of Mandamus,” and “Relator’s Reply to Response to Petition For Writ of Mandamus” and is of the opinion that relief should be denied. See In re Baker, No. 02-23-00133-CV, 2023 WL 3879669, at *5–7 (Tex. App.—Fort Worth June 8, 2023, orig. proceeding) (mem. op.) (determining that although trial court abused its discretion by striking counteraffidavit, facts were distinguishable from those in In re Allstate Indemnity Co., 622 S.W.3d 870 (Tex. 2021) (orig. proceeding), with regard to adequacy of appellate remedy). Accordingly, relator’s “Petition for Writ of Mandamus” is denied.

Per Curiam

Delivered: January 7, 2026