In re Rosa Serrano, Individually

Summary

The Eighth District Court of Appeals of Texas considered Rosa Serrano’s petition for writ of mandamus seeking to compel judicial foreclosure on a constitutional lien against real property. The court held that Serrano failed to establish a clear abuse of discretion or the absence of an adequate remedy by appeal and denied mandamus relief. The opinion also granted rehearing and expedited disposition after withdrawing the court’s prior opinion, while denying as moot a motion to recuse Justice Hughes.

Holdings

1. The relator was not entitled to mandamus relief because she failed to establish the requirements for mandamus relief.
2. The motion to recuse Justice Hughes was denied as moot because Justice Hughes had voluntarily recused himself from the case.

Questions Presented

1. Whether Rosa Serrano established entitlement to mandamus relief by showing a clear abuse of discretion and the absence of an adequate remedy by appeal.
2. Whether the motion to recuse Justice Hughes remained justiciable after his voluntary recusal.

Disposition

writ_denied