In Re Eloisa Aguirre v. the State of Texas
CourtTexas Court of Appeals, 9th District (Beaumont)
Date FiledJune 25, 2026
Docket09-26-00228-CV
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
In The
Court of Appeals
Ninth District of Texas at Beaumont
__________________
NO. 09-26-00228-CV
__________________
IN RE ELOISA AGUIRRE
__________________________________________________________________
Original Proceeding
County Court at Law No. 1 of Jefferson County, Texas
Trial Cause No. 24CCCV0964
__________________________________________________________________
MEMORANDUM OPINION
In a petition for a writ of mandamus, Relator Eloisa Aguirre, acting pro se,
contends (1) the trial court’s proceedings are void ab initio because the plaintiff’s
cause of action relies on a Rule 11 agreement from a case that was dismissed after
the parties entered the agreement; and (2) the trial court abused its discretion by
refusing to transfer or dismiss the case when the amount in controversy of Relator’s
counterclaims exceeds the jurisdictional limit of the trial court. We deny the petition.
Relator supports her mandamus petition with a screenshot from a case filed in
Harris County in 2023, a copy of a series of emails relating to settling the Harris
1
County case, and an order dated June 4, 2026, denying Aguirre’s motion to recuse
the judge presiding in the Jefferson County case.
We may issue a writ of mandamus to remedy a clear abuse of discretion by
the trial court when the relator lacks an adequate remedy by appeal. See In re
Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding);
Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding). “A trial
court clearly abuses its discretion if it reaches a decision so arbitrary and
unreasonable as to amount to a clear and prejudicial error of law.” Walker, 827
S.W.2d at 839 (internal quotations omitted). A trial court also abuses its discretion
if it fails to correctly analyze or apply the law, because a trial court has no discretion
in determining what the law is or in applying the law to the facts. See Prudential,
148 S.W.3d at 135; Walker, 827 S.W.2d at 840.
We determine the adequacy of an appellate remedy by balancing the benefits
of mandamus review against the detriments, considering whether extending
mandamus relief will preserve important substantive and procedural rights from
impairment or loss. In re Team Rocket, L.P., 256 S.W.3d 257, 262 (Tex. 2008) (orig.
proceeding).
We conclude that on this record, the Relator has not shown that she is entitled
to mandamus relief. Accordingly, we deny the petition for a writ of mandamus. See
Tex. R. App. P. 52.8(a).
2
PETITION DENIED.
PER CURIAM
Submitted on June 24, 2026
Opinion Delivered June 25, 2026
Before Johnson, Wright and Chambers, JJ.
3