NUMBER 13-16-00263-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE JOSE G. DE LA CRUZ, DECEASED,
AND CONSUELO DE LA CRUZ
On Petition for Writ of Mandamus.
MEMORANDUM OPINION
Before Justices Benavides, Perkes, and Longoria
Memorandum Opinion Per Curiam1
Relators, Jose G. De La Cruz, deceased, and Consuelo De La Cruz, filed a petition
for writ of mandamus on May 10, 2016 contending that the trial court abused its discretion
by denying their motion to strike two petitions in intervention. See generally TEX. R. CIV.
P. 60; In re Union Carbide Corp., 273 S.W.3d 152, 154–55 (Tex. 2008) (orig. proceeding);
Guar. Fed. Sav. Bank v. Horseshoe Operating Co., 793 S.W.2d 652, 657 (Tex. 1990).
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).
To be entitled to mandamus relief, the relator must demonstrate that the trial court
clearly abused its discretion and the relator has no adequate remedy by appeal. In re
Lee, 411 S.W.3d 445, 463 (Tex. 2013) (orig. proceeding); In re Reece, 341 S.W.3d 360,
364 (Tex. 2011) (orig. proceeding); In re Prudential Ins. Co. of Am., 148 S.W.3d 124,
135–36 (Tex. 2004) (orig. proceeding). A trial court clearly abuses its discretion if it
reaches a decision so arbitrary and unreasonable as to amount to a clear and prejudicial
error of law or if it clearly fails to analyze the law correctly or apply the law correctly to the
facts. In re Cerberus Capital Mgmt. L.P., 164 S.W.3d 379, 382 (Tex. 2005) (orig.
proceeding) (per curiam). The adequacy of an appellate remedy must be determined by
balancing the benefits of mandamus review against the detriments. In re Team Rocket,
L.P., 256 S.W.3d 257, 262 (Tex. 2008) (orig. proceeding). Because this balance depends
heavily on circumstances, it must be guided by the analysis of principles rather than the
application of simple rules that treat cases as categories. In re McAllen Med. Ctr., Inc.,
275 S.W.3d 458, 464 (Tex. 2008) (orig. proceeding). We evaluate the benefits and
detriments of mandamus review and consider whether mandamus will preserve important
substantive and procedural rights from impairment or loss. In re Prudential Ins. Co. of
Am., 148 S.W.3d at 136.
The Court, having examined and fully considered the petition for writ of mandamus
and the applicable law, is of the opinion that relators have not met their burden to obtain
mandamus relief. See In re Prudential Ins. Co. of Am., 148 S.W.3d at 135–36.
Accordingly, the petition for writ of mandamus is DENIED. See TEX. R. APP. P. 52.8(a).
PER CURIAM
Delivered and filed the
12th day of May, 2016.
2