COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
§
§ No. 08-23-00007-CV
IN RE VERONICA CHAVEZ VARA,
§ AN ORIGINAL PROCEEDING
Relator.
§ IN MANDAMUS
§
MEMORANDUM OPINION
Relator, Veronica Chavez Vara, has filed a petition for mandamus against the Honorable
Guadalupe Rivera, presiding in the 388th District Court of El Paso, County, Texas, seeking to
require the court to modify the amount of medical support, specify that Mark Vara pay all child
and medical support to the Texas State Disbursement Unit, and grant her costs and expenses as a
pro se litigant. The petition for writ of mandamus is denied.
Mandamus relief is generally appropriate only to compel the performance of a ministerial
duty or when a relator has no adequate appellate remedy for the trial court’s clear abuse of
discretion. See In re Auburn Creek Ltd. P’Ship, 655 S.W.3d 837, 840 (Tex. 2022)(orig.
proceeding)(per curiam)(abuse of discretion without adequate appellate remedy); In re Phillips,
496 S.W.3d 769, 774 (Tex. 2016)(orig. proceeding)(ministerial duty); In re UpCurve Energy
Partners, LLC, 632 S.W.3d 254, 256 (Tex.App.—El Paso 2021, orig. proceeding). The burden is
on the relator to show it is entitled to mandamus relief. In re H.E.B. Grocery Co., L.P., 492 S.W.3d
300, 302 (Tex. 2016)(orig. proceeding)(per curiam); In re UpCurve Energy Partners, 632 S.W.3d
at 256. After reviewing the mandamus petition and record, we conclude that Relator has failed to
show that she is entitled to mandamus relief. Accordingly, we deny the petition for writ of
mandamus.
YVONNE T. RODRIGUEZ, Chief Justice
February 8, 2023
Before Rodriguez, C.J., Soto, J., and Marion, C.J. (Ret.)
Marion, C.J. (Ret.)(Sitting by Assignment)
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