Opinion

in Re Eric Flores

Court
Texas Court of Appeals, 3rd District (Austin)
Filed
Jun 7, 2013
Status
Published
Cited by
0 cases
Authority
More cited than 38.6%

The opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-13-00338-CV

In re Eric Flores

ORIGINAL PROCEEDING FROM TRAVIS COUNTY

MEMORANDUM OPINION

Relator Eric Flores, an inmate, has filed a pro se petition for writ of mandamus,

asking this Court to compel an unspecified Travis County District Court to appoint a medical expert

in an administrative proceeding that Flores has filed with the Texas Medical Board. The proceeding

involves a claim by Flores that certain autopsy procedures conducted by the El Paso County

Medical Examiner’s Office are illegal.

Mandamus is an extraordinary remedy that issues only to correct a clear abuse of

discretion or violation of a duty imposed by law when no other adequate remedy at law is available.

See Walker v. Packer, 827 S.W.2d 833, 839 (Tex. 1992); Johnson v. Fourth Court of Appeals,

700 S.W.2d 916, 917-18 (Tex. 1985); State v. Walker, 679 S.W.2d 484, 485 (Tex. 1984). The

relator has the burden to provide the Court with a record sufficient to establish his right to mandamus

relief. See Walker, 827 S.W.2d at 837. Flores has failed to demonstrate that he is entitled to the

extraordinary relief sought. See id. at 837-44. Accordingly, the petition for writ of mandamus is

denied. See Tex. R. App. P. 52.8(a).

__________________________________________

Bob Pemberton, Justice

Before Justices Puryear, Pemberton and Rose

Filed: June 7, 2013

2

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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