In Re Gerardo Alberto Castillo Cobos v. the State of Texas
CourtTexas Court of Appeals, 13th District
Date FiledJuly 31, 2026
Docket13-26-00563-CV
StatusPublished
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Full Opinion
NUMBER 13-26-00563-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
IN RE GERARDO ALBERTO CASTILLO COBOS
ON PETITION FOR WRIT OF MANDAMUS
MEMORANDUM OPINION
Before Chief Justice Tijerina and Justices Silva and Cron
Memorandum Opinion by Justice Silva1
Relator Gerardo Alberto Castillo Cobos filed a pro se petition for writ of mandamus
seeking to compel the trial court to rule on pending motions. In conjunction with his petition
for writ of mandamus, relator has filed: (1) a proposed order; (2) two copies of an
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).
“Emergency Motion to Dismiss Petitioner’s Ex Parte [Temporary Restraining Order],
Motion to Disqualify Counsel, and Motion for Emergency Custody Modification”; (3) an
“Emergency Motion for Enforcement of Temporary Orders, Criminal Contempt, Sanctions
against Attorney of Record, and Order to Appear”; (4) an “Affidavit of Facts and Formal
Notice of Systemic Failure”; and (5) a “National Center for Missing & Exploited Children
(NCMEC) United States Federal Authorities Amber Alert/Critical Urgent Missing Children
Report.”
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 by
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). 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 840–44. 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
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and the foregoing related motions.
CLARISSA SILVA
Justice
Delivered and filed on the
31st day of July, 2026.
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