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In re State ex rel. Lehmberg

Court of Criminal Appeals of Texas

January 16, 2014

IN RE STATE OF TEXAS, EX REL. ROSEMARY LEHMBERG, Relator

Do Not Publish

ON PETITIONS FOR WRIT OF MANDAMUS & WRIT OF PROHIBITION IN CAUSE NO. 2013-CI-20073 IN THE 288TH DISTRICT COURT FROM BEXAR COUNTY

Meyers, J. would file and set.

ORDER

Per curiam

Relator filed a petition for a writ of mandamus and a petition for writ of prohibition, pursuant to the original jurisdiction of this Court. It is unclear whether this Court has jurisdiction, but even if we do, we do not believe Relator is entitled to relief. The petition requests that we issue a writ of mandamus in the underlying case, ordering the district court to dismiss the underlying petition for a declaratory judgment filed by Robert Springsteen.

Mandamus or prohibition relief is available only when the relator can establish two things: first, that no other adequate remedy at law is available; and second, that the act he seeks to compel is ministerial. Braxton v. Dunn, 803 S.W.2d 318, 320 (Tex. Crim. App. 1991). Relator has failed to show that she does not have an adequate remedy at ...


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