in Re Joe Anthony Espinoza

Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-21-00222-CV

IN RE Joe Anthony ESPINOZA, Relator

Original Proceeding 1

PER CURIAM

Sitting: Luz Elena D. Chapa, Justice

Irene Rios, Justice

Beth Watkins, Justice

Delivered and Filed: June 23, 2021

PETITION FOR WRIT OF MANDAMUS DENIED

Relator has filed a petition for writ of mandamus and motion for temporary relief. We may issue writs of mandamus 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., 492 S.W.3d 300, 302 (Tex. 2016) (orig. proceeding) (per curiam). Having reviewed the petition, appendix, and record, 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); see also Terrazas v. Ramirez, 829 S.W.2d 712, 723 (Tex. 1991) (orig. proceeding) (“As a rule, mandamus is not available to compel an action which has not first been demanded and refused.”).

PER CURIAM

This proceeding arises out of Cause No. 1915C pending in the County Court at Law, Kerr County, Texas, the