In Re Mark Anthony Ortega v. the State of Texas

Opinion

Fourth Court of Appeals San Antonio, Texas

MEMORANDUM OPINION

No. 04-25-00213-CV

IN RE Mark Anthony ORTEGA, Relator

Original Proceeding 1

Sitting: Rebeca C. Martinez, Chief Justice, Chief Justice Lori I. Valenzuela, Justice Lori Massey Brissette, Justice

Delivered and Filed: April 16, 2025

PETITION FOR WRIT OF MANDAMUS DENIED

On April 2, 2025, relator filed a petition for writ of mandamus requesting this court vacate

the March 18, 2025, trial court order denying in part and granting in part plaintiff’s motion to

compel and for sanctions rendered in the underlying proceedings. Mandamus is an extraordinary

remedy, available only when the relator can show (1) the trial court clearly abused its discretion

or violated a duty imposed by law; and (2) there is no adequate remedy by way of appeal. Walker

v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding). After considering the petition

and the record, this court concludes relator did not show he is entitled to the relief sought. The

petition for writ of mandamus is denied. See TEX. R. APP. P. 52.8(a)

1 This proceeding arises out of Cause No. 2024CV08834, styled Mark Anthony Ortega v. Diana Astudillo de Leon, pending in the County Court At Law No. 10, Bexar County, Texas, the Honorable Cesar Garcia presiding.