In Re Cirilo Arrieta, Relators v. the State of Texas
CourtTexas Court of Appeals, 8th District (El Paso)
Date FiledJuly 22, 2026
Docket08-26-00287-CV
StatusPublished
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Full Opinion
COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
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No. 08-26-00287-CV
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In re Cirilo Arrieta, et al., Relators
AN ORIGINAL PROCEEDING IN MANDAMUS
M E MO RA N D UM O PI NI O N
Relators Cirilo Arrieta and his intervening family members filed an “Emergency Petition
for Writ of Mandamus and Request for Immediate Temporary Stay of Eviction.” Relators
seemingly make two requests in their petition for writ of mandamus: (1) that this Court vacate an
“unlawful” writ of possession authorized by the trial court; and (2) that we issue a writ of
mandamus compelling the trial court to “vacate all undocumented verbal directives, follow TRCP
18a, and forward the pending Motion for Recusal to the Regional Presiding Judge.” Their
emergency request for relief asks that this Court issue an emergency stay of the writ of possession
in the underlying trial court case and that we order the “Precinct 3 Constable to cease all eviction
actions scheduled for July 23, 2026.”
“Mandamus is an extraordinary remedy requiring the relator to show that (1) the trial court
has clearly abused its discretion and (2) the relator lacks an adequate appellate remedy.” In re
Copart, Inc., 619 S.W.3d 710, 713 (Tex. 2021) (orig. proceeding) (per curiam).
After reviewing the mandamus petition, we conclude that Relators have not established
that they are entitled to mandamus relief. Accordingly, we deny the petition for writ of mandamus.
See Tex. R. App. P. 52.8(a). We further deny Relators’ emergency motion for temporary relief
under Texas Rule of Appellate Procedure 52 as moot. See In re Alarid, No. 08-26-00132-CV, 2026
WL 911214, at *1 (Tex. App.—El Paso Apr. 2, 2016, orig. proceeding) (mem. op.).
LISA J. SOTO, Justice
July 22, 2026
Before Salas Mendoza, C.J., Palafox and Soto, JJ.
Palafox., dissenting
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