in Re State of Texas

Court of Appeals of Texas·Decided February 12, 2020·No. 04-20-00054-CV·Published

Opinion

Fourth Court of Appeals San Antonio, Texas

MEMORANDUM OPINION No. 04-20-00054-CV

IN RE STATE OF TEXAS, ex rel. Todd A. “Tadeo” Durden, County Attorney

Original Mandamus Proceeding 1

PER CURIAM

Sitting: Rebeca C. Martinez, Justice Luz Elena D. Chapa, Justice Liza A. Rodriguez, Justice

Delivered and Filed: February 12, 2020

PETITION FOR WRIT OF MANDAMUS DENIED

On January 27, 2020, relator filed a petition for writ of mandamus. 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 satisfy his burden and,

therefore, is not entitled to the relief sought. Accordingly, the petition for writ of mandamus is

denied. See TEX. R. APP. P. 52.8(a).

1 This proceeding arises out of Cause Nos. 4845, 4863 and 4866, pending in the 63rd Judicial District Court, Kinney County, Texas, the Honorable Sid L. Harle presiding.

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Related

Walker v. Packer
827 S.W.2d 833 (Texas Supreme Court, 1992)