in Re: Veronica Chavez Vara

• Court: Court of Appeals of Texas
• Decided: February 8, 2023
• Docket: 08-23-00007-CV
• Status: Published

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

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§ No. 08-23-00007-CV IN RE VERONICA CHAVEZ VARA, § AN ORIGINAL PROCEEDING Relator. § IN MANDAMUS

MEMORANDUM OPINION

Relator, Veronica Chavez Vara, has filed a petition for mandamus against the Honorable

Guadalupe Rivera, presiding in the 388th District Court of El Paso, County, Texas, seeking to

require the court to modify the amount of medical support, specify that Mark Vara pay all child

and medical support to the Texas State Disbursement Unit, and grant her costs and expenses as a

pro se litigant. The petition for writ of mandamus is denied.

Mandamus relief is generally appropriate only to compel the performance of a ministerial

duty or when a relator has no adequate appellate remedy for the trial court’s clear abuse of

discretion. See In re Auburn Creek Ltd. P’Ship, 655 S.W.3d 837, 840 (Tex. 2022)(orig.

proceeding)(per curiam)(abuse of discretion without adequate appellate remedy); In re Phillips,

496 S.W.3d 769, 774 (Tex. 2016)(orig. proceeding)(ministerial duty); In re UpCurve Energy

Partners, LLC, 632 S.W.3d 254, 256 (Tex.App.—El Paso 2021, orig. proceeding). The burden is on the relator to show it is entitled to mandamus relief. In re H.E.B. Grocery Co., L.P., 492 S.W.3d

300, 302 (Tex. 2016)(orig. proceeding)(per curiam); In re UpCurve Energy Partners, 632 S.W.3d

at 256. After reviewing the mandamus petition and record, we conclude that Relator has failed to

show that she is entitled to mandamus relief. Accordingly, we deny the petition for writ of

mandamus.

YVONNE T. RODRIGUEZ, Chief Justice

February 8, 2023

Before Rodriguez, C.J., Soto, J., and Marion, C.J. (Ret.) Marion, C.J. (Ret.)(Sitting by Assignment)