In Re Leslie Werner v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 19, 2025
• Docket: 13-25-00408-CV
• Status: Published

Opinion

NUMBER 13-25-00408-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

IN RE LESLIE WERNER

ON PETITION FOR WRIT OF MANDAMUS

MEMORANDUM OPINION

Before Chief Justice Tijerina and Justices West and Fonseca Memorandum Opinion by Chief Justice Tijerina1

Relator Leslie Werner has filed a petition for writ of mandamus through which she

asserts that “the trial court clerk’s failure to enter and provide timely notice of an

appealable order [denied] Werner [an] adequate opportunity to appeal the order implicitly

denying her motion for a thirty-day extension to cure her healthcare liability expert report.”

See TEX. CIV. PRAC. & REM. CODE ANN. § 74.351; see also id. § 51.014(a)(9). Werner

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). previously filed an interlocutory appeal from this same case which we dismissed on

grounds that the appeal was not timely perfected. See Werner v. Followwill, No. 13-25-

00279-CV, 2025 WL 2166599, at *1 (Tex. App.—Corpus Christi–Edinburg July 31, 2025,

no pet. h.) (mem. op.).

“Mandamus relief is an extraordinary remedy available only on a showing that

(1) the trial court clearly abused its discretion and (2) the party seeking relief lacks an

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

proceeding); see In re Liberty Cnty. Mut. Ins., 679 S.W.3d 170, 174 (Tex. 2023) (orig.

proceeding) (per curiam); In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 138 (Tex.

2004) (orig. proceeding); Walker v. Packer, 827 S.W.2d 833, 839–40 (Tex. 1992) (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);

Walker, 827 S.W.2d at 840.

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

the record, and the applicable law, is of the opinion that Werner has not met her burden

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

JAIME TIJERINA Chief Justice

Delivered and filed on the 19th day of August, 2025.