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In Re Amber Nicole Perez v. the State of Texas

2026-07-31

Authorities cited

Opinion

majority opinion

NUMBER 13-26-00561-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

IN RE AMBER NICOLE PEREZ

ON PETITION FOR WRIT OF MANDAMUS

MEMORANDUM OPINION

Before Justices Peña, West, and Fonseca

Memorandum Opinion by Justice Peña1

By pro se petition for writ of mandamus, relator Amber Nicole Perez seeks to

compel the Honorable Sid Harle, the Presiding Judge of the Fourth Administrative Judicial

Region to vacate: (1) an “Order Denying Motion to Recuse,” signed on July 27, 2026; and

(2) an “Order Denying Verified Supplement to Motion to Disqualify and/or Recuse,” signed

1 See TEX. R. APP. P. 52.8(d) (“When denying relief, the court may hand down an opinion but is not

required to do so. When granting relief, the court must hand down an opinion as in any other case.”); id. R. 47.4 (distinguishing opinions and memorandum opinions).

on July 28, 2026. Relator also contends generally that various orders are void “for lack of

statutory judicial authority,” and she requests this Court to enforce a stay in the trial court

proceedings.

“Mandamus is an extraordinary remedy that is available in limited circumstances

to correct clear errors in exceptional cases.” In re Rogers, 728 S.W.3d 717, 719 (Tex.

2026) (orig. proceeding) (per curiam) (citation modified); see In re Prudential Ins. Co. of

Am., 148 S.W.3d 124, 138 (Tex. 2004) (orig. proceeding). To obtain a writ of mandamus,

the relator must show that the trial court clearly abused its discretion and the relator lacks

an adequate remedy by appeal. In re Lapuerta, 732 S.W.3d 548, 555 (Tex. 2026) (orig.

proceeding). Alternatively, when “a trial court issues an order ‘beyond its jurisdiction,’

mandamus relief is appropriate because such an order is void ab initio.” In re

Panchakarla, 602 S.W.3d 536, 539 (Tex. 2020) (orig. proceeding) (per curiam) (quoting

In re Sw. Bell Tel. Co., 35 S.W.3d 602, 605 (Tex. 2000) (orig. proceeding) (per curiam)).

The relator bears the burden to establish the right to relief in an original proceeding. See

In re H.E.B. Grocery Co., 492 S.W.3d 300, 302 (Tex. 2016) (orig. proceeding) (per

curiam); Walker v. Packer, 827 S.W.2d 833, 840–44 (Tex. 1992) (orig. proceeding).

First, to the extent that relator seeks relief against the Presiding Judge of the Fourth

Administrative Judicial Region, relator has not established that we have mandamus

jurisdiction based on the argument and facts that she has presented in this original

proceeding. See TEX. GOV’T CODE § 22.221(a), (b), (c); In re Habiniak, No. 13-14-00417-CV, 2014 WL 3803774, at *1 (Tex. App.—Corpus Christi–Edinburg July 28, 2014, orig.

proceeding [mand. denied]) (per curiam) (mem. op.); In re Cook, 394 S.W.3d 668, 671–

72 (Tex. App.—Tyler 2012, orig. proceeding); In re Hettler, 110 S.W.3d 152, 154–55 (Tex.

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App.—Amarillo 2003, orig. proceeding [mand. denied]); see also In re Wilson, No. 07-24-00104-CR, 2024 WL 1326126, at *1 (Tex. App.—Amarillo Mar. 27, 2024, orig.

proceeding) (mem. op., not designated for publication). Second, relator has not met her

burden to obtain mandamus relief as to her remaining claims regarding void orders,

actions taken without judicial authority, and the enforcement of a stay in the proceedings

below. See In re Lapuerta, 732 S.W.3d at 555; In re Panchakarla, 602 S.W.3d at 539; In

re H.E.B. Grocery Co., 492 S.W.3d at 302. Accordingly, we dismiss the petition for writ of

mandamus for want of jurisdiction, in part, as to the claims against the Presiding Judge

of the Fourth Administrative Judicial Region, and we deny the petition for writ of

mandamus, in part, as to all other relief sought.

L. ARON PEÑA JR.

Justice

Delivered and filed on the

31st day of July, 2026.

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