in Re State of Texas Ex Rel Rosemary Lehmberg, Relator v. Solomon J. Casseb III, Real Party in Interest Robert Burns Springsteen

• Court: Court of Criminal Appeals of Texas
• Decided: January 16, 2014
• Docket: WR-80,784-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NOS. WR-80,784-01 & WR-80,784-02 IN RE STATE OF TEXAS, EX REL. ROSEMARY LEHMBERG, Relator ON PETITIONS FOR WRIT OF MANDAMUS & WRIT OF PROHIBITION

IN CAUSE NO. 2013-CI-20073

IN THE 288^TH DISTRICT COURT FROM BEXAR COUNTY

Per curiam. Meyers, J. would file and set.

O R D E R

Relator filed a petition for a writ of mandamus and a petition for writ of prohibition, pursuant to the original jurisdiction of this Court. It is unclear whether this Court has jurisdiction, but even if we do, we do not believe Relator is entitled to relief. The petition requests that we issue a writ of mandamus in the underlying case, ordering the district court to dismiss the underlying petition for a declaratory judgment filed by Robert Springsteen.

Mandamus or prohibition relief is available only when the relator can establish two things: first, that no other adequate remedy at law is available; and second, that the act he seeks to compel is ministerial. Braxton v. Dunn, 803 S.W.2d 318, 320 (Tex. Crim. App. 1991). Relator has failed

to show that she does not have an adequate remedy at law. This Court therefore denies leave to file both the mandamus and prohibition petitions.

Filed: January 16, 2014

Do Not Publish