In re Joe Anthony Espinoza Appeal from County Court at Law of Kerr County (memorandum opinion per curiam)

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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-21-00222-CV IN RE Joe Anthony ESPINOZA, Relator Original Proceeding 1 PER CURIAM Sitting: Luz Elena D. Chapa, Justice Irene Rios, Justice Beth Watkins, Justice Delivered and Filed: June 23, 2021 PETITION FOR WRIT OF MANDAMUS DENIED Relator has filed a petition for writ of mandamus and motion for temporary relief. We may issue writs of mandamus when “agreeable to the principles of law regulating those writs.” TEX. GOV’T CODE § 22.221(b). For mandamus, a relator has the burden to file a petition and record showing “the trial court abused its discretion and that no adequate appellate remedy exists.” In re H.E.B. Grocery Co., 492 S.W.3d 300, 302 (Tex. 2016) (orig. proceeding) (per curiam). Having reviewed the petition, appendix, and record, we conclude relator has not satisfied this burden. Accordingly, we deny the petition and motion for temporary relief. See TEX. R. APP. P. 52.8(a); see also Terrazas v. Ramirez, 829 S.W.2d 712, 723 (Tex. 1991) (orig. proceeding) (“As a rule, mandamus is not available to compel an action which has not first been demanded and refused.”). PER CURIAM This proceeding arises out of Cause No. 1915C pending in the County Court at Law, Kerr County, Texas, the Honorable Susan Harris presiding. 1

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