Full text
in Re Rolando Araiza Garza
NUMBER 13-22-00482-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
IN RE ROLANDO ARAIZA GARZA
On Petition for Writ of Mandamus.
MEMORANDUM OPINION
Before Justices Longoria, Hinojosa, and Silva Memorandum Opinion by Justice Longoria1
On October 11, 2022, relator Rolando Araiza Garza filed a petition for writ of mandamus through which he asserts, by one issue, that the trial court abused its discretion when it approved a mediated settlement agreement and granted a divorce, but subsequently refused to sign a final judgment “and, instead, ordered more mediation and *2 another final hearing.”
Mandamus is an extraordinary and discretionary remedy. See In re Allstate Indem. Co., 622 S.W.3d 870, 883 (Tex. 2021) (orig. proceeding); In re Garza, 544 S.W.3d 836, 840 (Tex. 2018) (orig. proceeding) (per curiam); In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 138 (Tex. 2004) (orig. proceeding). The relator must show that (1) the trial court abused its discretion, and (2) the relator lacks an adequate remedy on appeal. In re USAA Gen. Indem. Co., 624 S.W.3d 782, 787 (Tex. 2021) (orig. proceeding); In re Prudential Ins. Co. of Am., 148 S.W.3d at 135–36; Walker v. Packer, 827 S.W.2d 833, 839–40 (Tex. 1992) (orig. proceeding). “The relator bears the burden of proving these two requirements.” In re H.E.B. Grocery Co., 492 S.W.3d 300, 302 (Tex. 2016) (orig. proceeding) (per curiam); Walker, 827 S.W.2d at 840. Mandamus relief may be available if the trial court erroneously refuses to enter judgment on a mediated settlement agreement. See In re Lee, 411 S.W.3d 445, 450 n.7 (Tex. 2013) (orig. proceeding); In re Minix, 543 S.W.3d 446, 450–51 (Tex. App.—Houston [14th Dist.] 2018, orig. proceeding [mand. denied]).
This Court, having examined and fully considered the petition for writ of mandamus, the record, and the applicable law, is of the opinion that relator has not met his burden to obtain mandamus relief. Accordingly, we deny the petition for writ of mandamus. See Tex. R. App. P. 52.8(a), (d).
NORA L. LONGORIA Justice
Delivered and filed on the 26th day of October, 2022.
Footnotes
[1] See TEX. R. APP. P. 52.8(d) (“When denying relief, the court may hand down an opinion but is not required to do so. When granting relief, the court must hand down an opinion as in any other case.”); id. R. 47.4 (distinguishing opinions and memorandum opinions).