NUMBER 13-15-00225-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE PRONTO GENERAL AGENCY, LTD.
On Petition for Writ of Mandamus.
MEMORANDUM OPINION
Before Justices Garza, Benavides, and Perkes
Memorandum Opinion Per Curiam1
Through this original proceeding, relator Pronto General Agency, Ltd. contends
that the trial court erred in denying its motion to quash substituted service. Specifically,
Pronto seeks to compel the trial court to vacate its order denying Pronto’s motion to quash
substituted service of citation and to withdraw its order granting the motion to substitute
service filed by real parties, Noe Rojas and Elvia Mercado.
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, a relator must demonstrate that the trial court
clearly abused its discretion and the relator has no adequate remedy by appeal. 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,
the response, the reply, and the applicable law, is of the opinion that relator has not met
its burden to obtain mandamus relief. See In re Prudential Ins. Co. of Am., 148 S.W.3d
at 135–36. Specifically, relator has not shown it lacks an adequate remedy by appeal,
considering, for instance, additional or alternative pleadings filed during the underlying
proceeding, see, e.g., Kawasaki Steel Corp. v. Middleton, 699 S.W.2d 199, 202 (Tex.
1985), or by appeal after a final judgment has been rendered. See, e.g., Boreham v.
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Hartsell, 826 S.W.2d 193, 197 (Tex. App.—Dallas 1992, no writ). Accordingly, we lift the
stay previously imposed in this cause and we deny the petition for writ of mandamus
without regard to the merits and without prejudice. See TEX. R. APP. P. 52.8(a).
PER CURIAM
Delivered and filed the
17th day of September, 2015.
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