Texas Cases January 15, 2020: In re Cornelio

Case Description

ORIGINAL PROCEEDING WRIT OF MANDAMUS
234th District Court Harris County , Texas
Trial Court Cause No. 2019-88409

MEMORANDUM OPINION

On January 13, 2020, relator Natalia Cornelio filed a petition for writ of mandamus in this court. See Tex. Elec. Code Ann. § 273.061. George Powell sought an application for temporary restraining order and temporary and permanent injunction, seeking to be placed on the ballot as a candidate for the 351st District Court of Harris County, Texas for the Democratic Primary to be held on March 3, 2020.

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On January 8, 2020, the Honorable Lauren Reeder, presiding judge of the 234th District Court of Harris County, Texas, signed an order granting a temporary injunction and directing that the Harris County Democratic Party, within 24 hours of the signing of the order, accept Powell's application, certify him as a candidate for the 351st District Court, conduct a drawing to determine his place on the ballot, and include his name as a candidate for the 351st District Court. Relator asks this court to compel Judge Reeder to rescind the January 8, 2020 temporary injunction order.

Ordinarily, to be entitled to a writ of mandamus, relator must show that (1) the trial court clearly abused its discretion and (2) she lacks an adequate remedy by appeal. In re Dawson , 550 S.W.3d 625, 628 (Tex. 2018) (original proceeding) (per curiam). Texas law provides for an interlocutory appeal from an order granting a temporary injunction. Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(4). Relator has not filed a notice of appeal and attempted to accelerate the appellate process. Nor has relator explained why she does not have an adequate remedy by appeal.

Relator states that she filed this mandamus proceeding in this court rather than the Texas Supreme Court because this court has familiarity with this matter. See In re Powell , No. 14-19-00992-CV, 2019 WL 6954367 (Tex. App.—Houston [14th Dist.] Dec. 19, 2019, orig. proceeding) (mem. op.). However, relator filed an Emergency Motion for Stay of Temporary Injunction in the Texas Supreme Court, which the court denied on January 10, 2020.

Relator has not established that she is entitled to mandamus relief. Accordingly, we deny relator's petition for writ of mandamus. We also deny relator's emergency motion for temporary relief.

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PER CURIAM

Panel consists of Justices Zimmerer, Spain, and Hassan.