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In re Lares — Mandamus petition denied for failure to establish entitlement to relief

Unreported / Non-Citable

Case
In re Richard Lares
Court
Texas Fourth Court of Appeals
Judge
Rebeca C. Martinez (elected 2012); Irene Rios (elected 2016)
Date Decided
July 29, 2026
Docket No.
04-26-00540-CV
Topics
Mandamus; Original Proceedings; Texas Appellate Procedure
Source
Read the full opinion

Background

Richard Lares filed a petition for a writ of mandamus in the Texas Fourth Court of Appeals on July 10, 2026. The petition arose from Cause No. 2016-CI-12518, Richard Lares v. Karina Guevara-Villa, pending in the 37th Judicial District Court of Bexar County before Judge Marisa Flores.

The memorandum opinion does not identify the challenged ruling, describe the underlying dispute, or specify the relief Lares requested.

The Court’s Holding

The Fourth Court of Appeals denied Lares’s petition for a writ of mandamus. The court concluded that Lares had not established entitlement to the relief sought.

The court cited Texas Rule of Appellate Procedure 52.8(a), which directs an appellate court to deny a mandamus petition when the court determines from the petition and any response and reply that the relator is not entitled to relief. The opinion provided no further analysis of why Lares failed to meet the applicable requirements.

Key Takeaways

  • A relator must establish entitlement to mandamus relief.
  • The court denied Lares’s petition under Texas Rule of Appellate Procedure 52.8(a).
  • The brief memorandum opinion did not disclose the challenged ruling or explain the specific deficiency in the petition.

Why It Matters

The decision reflects the threshold burden placed on parties seeking the extraordinary remedy of mandamus: the petition must establish a right to relief. Because the court offered no fact-specific reasoning, the opinion provides little guidance beyond confirming that Lares did not satisfy that burden in this proceeding.

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