In Re Francisco Gibran Morales v. the State of Texas

NUMBER 13-26-00210-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

IN RE FRANCISCO GIBRAN MORALES

ON PETITION FOR WRIT OF MANDAMUS

MEMORANDUM OPINION

Before Chief Justice Tijerina and Justices West and Cron
Memorandum Opinion by Chief Justice Tijerina1

By petition for writ of mandamus, relator Francisco Gibran Morales contends that:

(1) the trial court failed to perform the ministerial duty of signing the written order reflecting

the verbal August 30, 2024 modification ruling; (2) the trial court abused its discretion by

issuing orders premised on a different controlling possession order after rendering the

August 30, 2024 modification ruling; and (3) the trial court abused its discretion by issuing

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).
writs of attachment and an interim possession order for the minor child without conducting

an evidentiary hearing.

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 party in interest Amalia Zarahi Gracia a/k/a Amalia Sarahi

Gracia Bermudez, is of the opinion that relator has not met his burden to obtain relief.

Accordingly, we lift the stay previously imposed in this case. See TEX. R. APP. P. 52.10(b).

We deny the petition for writ of mandamus.

JAIME TIJERINA
Chief Justice

Delivered and filed on the
26th day of March, 2026.

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