Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-13-00279-CV
IN RE Richard LESHIN
Original Mandamus Proceeding 1
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
Delivered and Filed: May 15, 2013
PETITION FOR WRIT OF MANDAMUS DENIED
On April 29, 2013, Relator Richard Leshin filed a petition for writ of mandamus,
complaining of the portion of the trial court’s February 5, 2013 order that awarded sanctions
against Leshin. However, mandamus relief is only available if the relator establishes both the
trial court abused its discretion and relator lacks an adequate remedy by appeal. See In re
Prudential Ins. Co. of Am., 148 S.W.3d 124, 125 (Tex. 2004) (orig. proceeding). Leshin has
failed to establish he lacks an adequate remedy by appeal. 2 Accordingly, the petition for writ of
mandamus is DENIED. See TEX. R. APP. P. 52.8(a).
PER CURIAM
1
This proceeding arises out of Cause No. 2011-PB6-000081-L2, styled In the Matter of the Guardianship of Carlos
Benavides, Jr., An Incapacitated Person, pending in the County Court at Law No. 2, Webb County, Texas, the
Honorable Jesus Garza presiding.
2
We note that Leshin has filed an appeal in Cause Number 04-13-00196-CV from the same order complained of in
this proceeding.
in Re Richard Leshin
Combined Opinion