NUMBER 13-14-00052-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE ROBERT MICHELENA
On Petition for Writ of Mandamus.
MEMORANDUM OPINION
Before Justices Rodriguez, Garza, and Perkes
Memorandum Opinion Per Curiam1
Relator, Robert Michelena, filed a petition for writ of mandamus in the above cause
on January 23, 2014, contending that the trial court abused its discretion in denying its
plea in abatement based on dominant jurisdiction. The Court requested and received a
response to the petition for writ of mandamus from the real party in interest, Monica
Michelena.
To be entitled to the extraordinary relief of a writ of mandamus, the relator must
show that the trial court abused its discretion and that there is no adequate remedy by
1 See TEX. R. APP. P. 52.8(d) (“When denying relief, the court may hand down an opinion but is not
required to do so.”); TEX. R. APP. P. 47.4 (distinguishing opinions and memorandum opinions).
appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig.
proceeding). The relator has the burden of establishing both prerequisites to mandamus
relief and this burden is a heavy one. In re CSX Corp., 124 S.W.3d 149, 151 (Tex. 2003)
(orig. proceeding).
The Court, having examined and fully considered the petition for writ of mandamus
and the response thereto, is of the opinion that relator has not shown himself entitled to
the relief sought. Accordingly, the stay previously imposed by this Court is LIFTED. See
TEX. R. APP. P. 52.10(b) (“Unless vacated or modified, an order granting temporary relief
is effective until the case is finally decided.”). The petition for writ of mandamus is
DENIED. See id. 52.8(a).
PER CURIAM
Delivered and filed the 17th
day of March, 2014.
2