IN RE: Blanca Stela ARTALEJO (2023)

OPINION

Relator, Blanca Stela Artalejo, has filed a petition for mandamus against the Honorable Marlene Gonzalez, Judge of the 388th District Court of El Paso, County, Texas, seeking to require the court to recognize an interlocutory judgment of informal marriage rendered in a previous divorce case as a final judgment. 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, No. 21-0886, ––– S.W.3d ––––, ––––, 2022 WL 17365718, at *2 (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, and the response filed by the Real Party in Interest, we conclude that Relator has failed to show that he is entitled to mandamus relief. Accordingly, we deny the petition for writ of mandamus.

YVONNE T. RODRIGUEZ, Chief Justice