Texas Cases December 29, 2021: In re Fagin

Case Description

Original Proceeding

Sitting: Rebeca C. Martinez, Chief Justice Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice

MEMORANDUM OPINION

PER CURIAM.

On December 22, 2021, relator filed a petition for writ of mandamus. Mandamus is an extraordinary remedy, available only when the relator can show (1) the trial court clearly abused its discretion or violated a duty imposed by law; and (2) there is no adequate remedy by way of appeal. Walker v. Packer , 827 S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding). After considering the petition and the record, this court concludes relator did not show he is entitled to the relief sought. Accordingly, the petition for writ of mandamus is denied. See Tex. R. App. P. 52.8(a).

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Notes:

This proceeding arises out of relator's challenge to Marisa Cristina Balderas Flores's application as candidate for the 224th District Court in Bexar County, Texas. See Tex. Elec. Code Ann. § 273.061(a) ("[A] court of appeals may issue a writ of mandamus to compel the performance of any duty imposed by law in connection with the holding of an election or a political party convention, regardless of whether the person responsible for performing the duty is a public officer.").

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