Background
Henry B. Berrocal filed an accelerated appeal arising from his lawsuit against Wells Fargo in the 57th Judicial District Court of Bexar County. After the Fourth Court of Appeals ordered him to explain why the appeal should not be dismissed, Berrocal responded and alternatively asked the court to treat his filing as a petition for writ of mandamus.
The court construed the response as a mandamus petition and ordered Berrocal to file a petition complying with Rule 52 of the Texas Rules of Appellate Procedure by July 6, 2026. Although warned that noncompliance could result in dismissal, Berrocal filed a noncompliant petition without a supporting record. The court nevertheless took judicial notice of the record filed in his related accelerated appeal.
The Court’s Holding
The court denied mandamus relief. It explained that mandamus is an extraordinary remedy requiring the relator to demonstrate both a clear abuse of discretion or violation of a legal duty by the trial court and the absence of an adequate remedy at law, such as an appeal.
A relator also bears the burden of furnishing a sufficient record establishing entitlement to relief. After considering Berrocal’s petition and other filings, together with the judicially noticed record from the related appeal, the court concluded that he had not established a right to the requested relief. It dismissed his motion for temporary relief as moot.
Key Takeaways
- A mandamus relator must show a clear abuse of discretion or violation of a legal duty and no adequate remedy by appeal.
- The relator bears the burden of supplying a petition and record sufficient to establish entitlement to mandamus relief.
- The court denied the petition even after considering the record from Berrocal’s related appeal and dismissed temporary-relief proceedings as moot.
Why It Matters
The decision underscores that mandamus relief depends on both substantive proof and compliance with appellate procedural requirements. A deficient petition or record can prevent a relator from carrying the demanding burden required for this extraordinary remedy.