In Re Hermelinda Martinez Ruiz v. the State of Texas

NUMBER 13-26-00196-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

IN RE HERMELINDA MARTINEZ RUIZ

ON PETITION FOR WRIT OF MANDAMUS

MEMORANDUM OPINION

Before Chief Justice Tijerina and Justices West and Cron
Memorandum Opinion by Justice West 1

By petition for writ of mandamus, relator Hermelinda Martinez Ruiz 2 seeks to

compel the trial court to rule on applications to probate the will of decedent Francisco

Ruiz a/k/a Francisco Ruiz Oseguera.

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. When granting relief, the court must hand down an opinion as in any other case.”); id. R.
47.4 (distinguishing opinions and memorandum opinions).
2 This petition for writ of mandamus was originally titled as “In re the Estate of Francisco Ruiz

Oseguera.” However, the party seeking relief in this original proceeding is Hermelinda Martinez Ruiz. We
have corrected the style of this case accordingly. See id. R. 52.1, 52.2.
Mandamus is an extraordinary and discretionary remedy. See In re Allstate Indem.

Co., 622 S.W.3d 870, 883 (Tex. 2021) (orig. proceeding); In re Garza, 544 S.W.3d 836,

840 (Tex. 2018) (orig. proceeding) (per curiam); In re Prudential Ins. Co. of Am., 148

S.W.3d 124, 138 (Tex. 2004) (orig. proceeding). The relator must show that (1) the trial

court abused its discretion, and (2) the relator lacks an adequate remedy on appeal. In re

USAA Gen. Indem. Co., 624 S.W.3d 782, 787 (Tex. 2021) (orig. proceeding); In re

Prudential Ins. Co. of Am., 148 S.W.3d at 135–36; Walker v. Packer, 827 S.W.2d 833,

839–40 (Tex. 1992) (orig. proceeding). “The relator bears the burden of proving these two

requirements.” In re H.E.B. Grocery Co., 492 S.W.3d 300, 302 (Tex. 2016) (orig.

proceeding) (per curiam); Walker, 827 S.W.2d at 840.

The Court, having examined and fully considered the petition for writ of mandamus

and the response filed by real parties in interest Everardo Ruiz, Edith Berenice Ruiz,

Emiliano Ruiz, Hermelinda Gonzalez Ruiz, and Marcelina Gonzalez, is of the opinion that

relator has not met her burden to obtain relief. Accordingly, we deny the petition for writ

of mandamus.

JON WEST
Justice

Delivered and filed on the
30th day of March, 2026.

2