In re Roberto Garcia--Appeal from Probate Court No 2 of Bexar County

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i i i i i i MEMORANDUM OPINION No. 04-08-00697-CV IN RE Roberto GARCIA Original Mandamus Proceeding1 PER CURIAM Sitting: Karen Angelini, Justice Phylis J. Speedlin, Justice Steven C. Hilbig, Justice Delivered and Filed: October 22, 2008 PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION On September 16, 2008, relator Roberto Garcia filed a petition for writ of mandamus seeking to compel Elizabeth Lipsey, executrix of the estates of Jose Garcia and Hortencia Garcia, and Demetrio Duarte, attorney for executrix, to provide disclosure and inspection of his inheritance. This court s mandamus authority is quite limited. In re Coronado, 980 S.W.2d 691, 692 (Tex. App. San Antonio 1998, orig. proceeding); see also TEX . GOV T CODE ANN . § 22.221(a), (b) (Vernon 2004). In order for the executrix or the executrix s attorney to fall under our mandamus authority, relator must demonstrate that the issuance of the writ is necessary to enforce our jurisdiction. See Coronado, 980 S.W.2d at 692. Relator has failed to establish the writ he is requesting is necessary to enforce our jurisdiction. Accordingly, the petition for writ of mandamus is dismissed for lack of jurisdiction. PER CURIAM 1 ¦ This proceeding arises out of Cause Nos. 2006 PC-1930 and 2006-PC-3179, in Probate Court 2, Bexar County, Texas, the Honorable Tom Rickhoff presiding.

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