CourtListener 10841476•In Re Hermelinda Martinez Ruiz v. the State of Texas
In Re Hermelinda Martinez Ruiz v. the State of Texas
CourtListener 10841476Txctapp13Mar 30, 2026
Full text
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
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.