Summary
The Thirteenth Court of Appeals of Texas denied Hermelinda Martinez Ruiz’s petition for writ of mandamus seeking to compel the trial court to rule on applications to probate Francisco Ruiz Oseguera’s will. The court held that the relator did not meet her burden to establish entitlement to mandamus relief.
Topics
Practice areas
Questions Presented
- Whether relator established entitlement to mandamus relief compelling the trial court to rule on the applications to probate the decedent's will.
Holdings
- Relator did not meet her burden to show that the trial court abused its discretion and that she lacked an adequate remedy by appeal; therefore, mandamus relief was denied.
Key quotations
“Mandamus is an extraordinary and discretionary remedy.” (at 2)
“The relator bears the burden of proving these two requirements.” (at 2)
Factual background
Hermelinda Martinez Ruiz sought rulings on applications to probate the will of Francisco Ruiz, also known as Francisco Ruiz Oseguera. She filed a mandamus petition alleging that the trial court had not ruled on those applications.
Procedural history
Relator filed a petition for writ of mandamus in the Thirteenth Court of Appeals, alleging that the trial court had failed to rule on applications to probate the decedent's will. After considering the petition and the response of the real parties in interest, the court denied mandamus relief.