Full Opinion

NUMBER 13-26-00660-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI – EDINBURG IN RE JIMIE DIANNE OWSLEY ON PETITION FOR WRIT OF MANDAMUS MEMORANDUM OPINION Before Justices Silva, Peña, and West Memorandum Opinion Per Curiam1 Relator Jimie Dianne Owsley has filed a pro se petition for writ of mandamus through which she asserts, inter alia, that the trial court abused its discretion by: (1) authorizing a deposition after the discovery deadline and shortly before trial; and (2) treating the deposition “as supplying or conclusively establishing a statutory predicate 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). for permanent modification under Texas Family Code § 156.101.” See TEX. FAM. CODE § 156.101 (governing the grounds for modification of an order establishing conservatorship or possession and access to minor children). 2 Relator has also filed an emergency motion for temporary relief regarding the trial of the underlying case which is set to commence on September 28, 2026. See TEX. R. APP. P. 52.10. Specifically, relator seeks to prevent the admission of certain evidence at trial and the use of specific jury instructions. “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). The relator bears the burden to establish the right to relief in an original proceeding. In re H.E.B. Grocery Co., 492 S.W.3d 300, 302 (Tex. 2016) (orig. proceeding) (per curiam); see Walker v. Packer, 827 S.W.2d 833, 840 (Tex. 1992) (orig. proceeding); see generally TEX. R. APP. P. 52.3, 52.7; see also Barnes v. State, 832 S.W.2d 424, 426 (Tex. App.—Houston [1st Dist.] 1992, orig. proceeding) (per curiam) (“Even a pro se applicant for a writ of mandamus must show himself entitled to the extraordinary relief he 2 This original proceeding arises from trial court cause number 2014-FAM-1876-G in the 319th District Court of Nueces County, Texas. This Court has previously addressed other matters arising from this same trial court cause number. See, e.g., In re Owsley, No. 13-26-00022-CV, 2026 WL 113442, at *1 (Tex. App.—Corpus Christi–Edinburg Jan. 14, 2026, orig. proceeding) (per curiam) (mem. op.); Owsley v. Owsley, No. 13-18-00636-CV, 2022 WL 16842689, at *1 (Tex. App.—Corpus Christi–Edinburg Nov. 10, 2022, no pet.) (mem. op.); In re E.O., No. 13-18-00637-CV, 2021 WL 4995568, at *1 (Tex. App.—Corpus Christi–Edinburg Oct. 28, 2021, no pet.) (mem. op.); Owsley v. Owsley, No. 13-17-00025-CV, 2017 WL 5953097, at *1 (Tex. App.—Corpus Christi–Edinburg Nov. 30, 2017, no pet.) (mem. op.). 2 seeks.”). “A trial court has no discretion to determine what the law is, even when the law is unsettled, and abuses its discretion when its rulings are arbitrary, unreasonable, or made without reference to guiding legal principles.” In re State Farm Mut. Auto. Ins., 712 S.W.3d 53, 59 (Tex. 2025) (orig. proceeding). We conduct a “benefits-and-detriments analysis” to determine if the relator possesses an adequate remedy at law. In re Auburn Creek Ltd. P’ship, 655 S.W.3d 837, 843 (Tex. 2022) (orig. proceeding) (per curiam). The Court, having examined and fully considered the petition for writ of mandamus, the record provided, and the applicable law, is of the opinion that relator has not met her burden to obtain relief. Accordingly, we deny the petition for writ of mandamus and the emergency motion for temporary relief. PER CURIAM Delivered and filed on the 23rd day of September, 2026. 3