Opinion
NUMBER 13-12-00748-CV
01-22-2013
IN RE BAHIA MAR MAINTENANCE ASSOCIATION AND ALMA INVESTMENTS, INC. D/B/A TEXAS ALMA INVESTMENTS
On Petition for Writ of Mandamus.
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Rodriguez and Longoria
Memorandum Opinion Per Curiam
Relators, Bahia Mar Maintenance Association and Alma Investments, Inc., d/b/a Texas Alma Investments, filed a petition for writ of mandamus in the above cause on December 11, 2012. The Court requested a response to the petition for writ of mandamus, and received a response on January 14, 2013 from real party in interest, Bahia Mar Co-Owners Association, Inc., by and through counsel, Jones, Galligan, Key & Lozano, L.L.P., and received a response on January 16, 2013, from real parties in interest, Bahia Mar Co-Owners Association, Inc. (as Counter-Defendant), Bahia Mar #1 Corporation d/b/a Co-Owners Association of Bahia Mar No.1, Bahia Mar #2 Corporation d/b/a Co-Owners Association of Bahia Mar No. 2, Bahia Mar #3 Corporation d/b/a Co-Owners Association of Bahia Mar No.3, and Bahia Mar #4 Corporation d/b/a Co-Owners Association of Bahia Mar No. 4, by and through counsel, Thornton, Biechlin, Segrato, Reynolds & Guerra.
To be entitled to the extraordinary relief of a writ of mandamus, the relator must show that the trial court abused its discretion and that there is no adequate remedy by appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding). The relator has the burden of establishing both prerequisites to mandamus relief. In re CSX Corp., 124 S.W.3d 149, 151 (Tex. 2003) (orig. proceeding). This burden is a heavy one. See In re Epic Holdings, Inc., 985 S.W.2d 41 (Tex. 1998) (orig. proceeding).
The Court, having examined and fully considered the petition for writ of mandamus, the responses thereto, and the applicable law, is of the opinion that relators have not met their burden to obtain mandamus relief. See In re Prudential Ins. Co. of Am., 148 S.W.3d at 135-36. Accordingly, the petition for writ of mandamus is DENIED. See TEX. R. APP. P. 52.8(a).
PER CURIAM Delivered and filed the
22nd day of January, 2013.
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."); TEX. R. APP. P. 47.4 (distinguishing opinions and memorandum opinions).