In re Margarito Trujillo

Summary

The Thirteenth Court of Appeals of Texas considered Margarito Trujillo’s petition for writ of mandamus seeking to compel withdrawal of a trial court order granting turnover relief and appointing a receiver. The court held that Trujillo had not shown entitlement to mandamus relief and denied the petition.

Holdings

1. Trujillo did not demonstrate that he was entitled to mandamus relief; the petition was therefore denied.
2. A clear abuse of discretion exists when a trial court's ruling is arbitrary and unreasonable or made without regard to guiding legal principles or supporting evidence, and appellate-remedy adequacy is evaluated by balancing the benefits and detriments of mandamus review.

Questions Presented

1. Whether Trujillo established entitlement to mandamus relief by showing a clear abuse of discretion and the absence of an adequate remedy by appeal.

Disposition

writ_denied