In Re Carlos Nathan Berlanga v. the State of Texas
CourtTexas Court of Appeals, 13th District
Date FiledJuly 7, 2026
Docket13-26-00519-CV
StatusPublished
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Full Opinion
NUMBER 13-26-00519-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
IN RE CARLOS NATHAN BERLANGA
ON PETITION FOR WRIT OF MANDAMUS
MEMORANDUM OPINION
Before Chief Justice Tijerina and Justices Silva and Cron
Memorandum Opinion by Chief Justice Tijerina1
Relator Carlos Nathan Berlanga filed a pro se petition for writ of mandamus
through which he seeks to compel the trial court to: (1) rule promptly on relator’s pending
motions challenging service and personal jurisdiction; (2) hold a jurisdictional hearing and
make express findings before enforcing any order that depends on contested service or
personal jurisdiction; (3) comply with Texas Rule of Civil Procedure 18a by halting further
action on the merits until relator’s recusal motion has been decided; and (4) vacate or
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).
stay any enforcement order that was entered while relator’s motion for recusal was
pending or that depends on invalid service. We deny the petition for writ of mandamus.
A writ of mandamus is an extraordinary remedy that is available when the trial court
clearly abused its discretion and the party seeking relief lacks an adequate remedy on
appeal. In re Ill. Nat’l Ins., 685 S.W.3d 826, 834 (Tex. 2024) (orig. proceeding); In re
Prudential Ins. Co. of Am., 148 S.W.3d 124, 138 (Tex. 2004) (orig. proceeding); Walker v.
Packer, 827 S.W.2d 833, 839–40 (Tex. 1992) (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, 827 S.W.2d at 840. That burden includes, inter alia, providing a clear
and concise argument for the contentions made with appropriate citations to authorities
and to the appendix or record. See 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 seeks.”).
The Court, having examined and fully considered the petition for writ of mandamus,
the limited record provided, and the applicable law, is of the opinion that relator has not
met his burden to obtain relief. Accordingly, we deny the petition for writ of mandamus.
JAIME TIJERINA
Chief Justice
Delivered and filed on the
7th day of July, 2026.
2