CourtListener 10782738•In Re Juan Pardo v. the State of Texas
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NUMBER 13-26-00039-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
IN RE JUAN PARDO
ON PETITION FOR WRIT OF MANDAMUS
MEMORANDUM OPINION
Before Chief Justice Tijerina and Justices Peña and West
Memorandum Opinion by Justice Peña1
Relator Juan Pardo filed a pro se petition for writ of mandamus asserting that the
trial court abused its discretion by issuing ex parte writs of attachment for relator’s arrest.2
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 is the second original proceeding regarding this same issue. See In re Pardo, No. 13-26-
00020-CV, 2026 WL 113439, at *1 (Tex. App.—Corpus Christi–Edinburg Jan. 14, 2026, orig. proceeding)
(mem. op.) (dismissing relator’s petition for writ of mandamus which was filed by disqualified counsel).
Relator also filed a motion for emergency relief seeking to stay the orders at issue in this
original proceeding.
“Mandamus relief is an extraordinary remedy available only on a showing that
(1) the trial court clearly abused its discretion and (2) the party seeking relief lacks an
adequate remedy on appeal.” In re Ill. Nat’l Ins., 685 S.W.3d 826, 834 (Tex. 2024) (orig.
proceeding); see In re Liberty Cnty. Mut. Ins., 679 S.W.3d 170, 174 (Tex. 2023) (orig.
proceeding) (per curiam); In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 138 (Tex.
2004) (orig. proceeding); 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.
Upon receipt of relator’s petition for writ of mandamus and request for emergency
relief, this Court granted relator’s request for emergency relief, ordered the writs at issue
to be stayed, and ordered the real parties in interest, Claudia Pahola Almazan and
Rosario Hinojosa, to file a response to the petition for writ of mandamus. Almazan filed a
motion to dismiss the petition for writ of mandamus on grounds that Pardo “is not qualified
to proceed pro se” because he “has two qualified and competent attorneys of record.”
Almazan requested that we dismiss the petition for writ of mandamus. Almazan also
asked this Court to “require” Pardo to “terminate” the legal services of his counsel, have
them file motions to withdraw, and have the trial court grant those motions. Pardo has
2
filed a “reply” to Almazan’s motion to dismiss arguing that he is entitled to relief on the
merits.3
The Court, having examined and fully considered the petition for writ of mandamus,
the limited record provided, and the applicable law, is of the opinion that this original
proceeding should be dismissed. In civil cases, “a party is not entitled to representation
partly by counsel and partly pro se.” In re S.V., 599 S.W.3d 25, 44 (Tex. App.—Dallas
2017, pet. denied) (op. on reh’g); see In re H.O., 555 S.W.3d 245, 247 n.1 (Tex. App.—
Houston [1st Dist.] 2018, pet. denied); Smith v. Smith, 22 S.W.3d 140, 153 (Tex. App.—
Houston [14th Dist.] 2000, no pet.); In re Sondley, 990 S.W.2d 361, 362 (Tex. App.—
Amarillo 1999, orig. proceeding) (per curiam); Posner v. Dall. Cnty. Child Welfare Unit of
Tex. Dep't of Human Servs., 784 S.W.2d 585, 588 (Tex. App.—Eastland 1990, writ
denied). Accordingly, we lift the stay previously imposed in this case. See TEX. R. APP. P.
52.10. We grant Almazan’s motion to dismiss in part and deny it in part. We grant
Almazan’s motion, in part, and we dismiss Pardo’s petition for writ of mandamus without
prejudice. We deny Almazan’s motion, in part, as to all other relief sought therein.
L. ARON PEÑA JR.
Justice
Delivered and filed on the
30th day of January, 2026.
3 Almazan also filed an opposed “Motion for Continuance” seeking to extend the time to file her
response to the petition for writ of mandamus. Because we are granting, in part, Almazan’s motion to
dismiss this original proceeding, we dismiss her motion for continuance as moot.
3
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