NUMBER 13-11-00374-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

IN RE RENE GUERRA,

HIDALGO COUNTY CRIMINAL DISTRICT ATTORNEY

On Petition for Writ of Mandamus.

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Rodriguez and Garza

Memorandum Opinion Per Curiam[1]

Relator, Rene Guerra, Hidalgo County Criminal District Attorney, filed a petition for writ of mandamus in the above cause on June 15, 2011.  The Court requested and received a response to the petition for writ of mandamus from the real party in interest, David Silva. 

Ordinarily, mandamus relief lies when the trial court has abused its discretion and a party has no adequate appellate remedy.  In re Prudential Ins. Co., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding); Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding).  A trial court abuses its discretion if it reaches a decision so arbitrary and unreasonable as to amount to a clear and prejudicial error of law or if it clearly fails to correctly analyze or apply the law.  See In re Cerberus Capital Mgmt., L.P., 164 S.W.3d 379, 382 (Tex. 2005) (orig. proceeding). 

The Court, having examined and fully considered the petition for writ of mandamus and the response thereto, is of the opinion that relator has not met his burden to obtain mandamus relief.  Accordingly, relator’s petition for writ of mandamus in this cause is denied.  See Tex. R. App. P. 52.8(a).

                                                                                    PER CURIAM

Delivered and filed the

7th day of July, 2011.