Summary
The Thirteenth Court of Appeals of Texas considered Amber Aimee Moreno’s petition for writ of mandamus challenging the trial court’s jurisdiction and alleged failure to perform ministerial duties. The court held that Moreno did not meet her burden to establish entitlement to mandamus relief and denied both her request for temporary relief and her petition.
Topics
Practice areas
Questions Presented
- Whether Moreno established entitlement to a writ of mandamus by showing both that the requested act was ministerial and that she lacked an adequate remedy at law.
- Whether Moreno was entitled to temporary relief while her mandamus petition was pending.
Holdings
- A criminal-case relator is entitled to mandamus relief only by establishing both that the act sought to be compelled is ministerial and does not involve a discretionary or judicial decision, and that there is no adequate remedy at law.
- A relator who has not established entitlement to mandamus relief is not entitled to temporary relief in connection with the petition.
Key quotations
“In a criminal case, to be entitled to mandamus relief, the relator must establish both that the act sought to be compelled is a ministerial act not involving a discretionary or judicial decision and that there is no adequate remedy at law to redress the alleged harm.”
“The Court, having examined and fully considered the petition for writ of mandamus and the applicable law, is of the opinion that relator has not met her burden to obtain relief.”
Factual background
Moreno alleged that the trial court lacked jurisdiction and failed to comply with ministerial duties. She presented seven issues in support of her mandamus petition and requested temporary relief. The appellate court concluded that she had not met her burden to establish entitlement to mandamus relief.
Procedural history
Amber Aimee Moreno filed a petition for writ of mandamus asserting that the trial court lacked jurisdiction and failed to perform ministerial duties. She also sought temporary relief. The Thirteenth Court of Appeals denied both the request for temporary relief and the petition.