Court of Appeals of Texas, 2021

in Re Jose Antonio Ortiz

in Re Jose Antonio Ortiz
Court of Appeals of Texas · Decided February 10, 2021
in Re Jose Antonio Ortiz

Opinion

Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-21-00033-CV

IN RE Jose Antonio ORTIZ, Relator Original Proceeding 1

PER CURIAM

Sitting: Irene Rios, Justice

Liza A. Rodriguez, Justice

Lori I. Valenzuela, Justice

Delivered and Filed: February 10, 2021

PETITION FOR WRIT OF MANDAMUS DENIED

Relator has filed a petition for writ of mandamus and motion for temporary relief. We have the power to issue writs of mandamus, but only when “agreeable to the principles of law regulating those writs.” TEX. GOV’T CODE § 22.221(b). For mandamus, a relator has the burden to file a petition and record showing “the trial court abused its discretion and that no adequate appellate remedy exists.” In re H.E.B. Grocery Co., L.P., 492 S.W.3d 300, 302 (Tex. 2016) (orig. proceeding) (per curiam). Having reviewed the petition and documents included in the appendix, we conclude relator has not satisfied this burden. Accordingly, we deny the petition and motion for temporary relief. See TEX. R. APP. P. 52.8(a).

PER CURIAM

1 This proceeding arises out of Cause No. 2020-CI-15726, styled In the Interest of Z.A.O.C. and N.S.O.C., Children, pending in the 407th Judicial District Court, Bexar County, Texas, the Honorable Tina Torres presiding.

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