Christopher Robin Jones v. The State of Texas--Appeal from Criminal District Court No. 2 of Tarrant County

State: Texas

Docket No: 02-07-00331-CR

Case Date: 10/11/2007

Plaintiff: CONSUMER PORTFOLIO SERVICES, INC.

Defendant: JUDITH OBREGON--Appeal from County Court at Law No 2 of Hidalgo County

Preview:In re Rudy Rios--Appeal from County Court at Law No 3 of Bexar County
MEMORANDUM OPINION

No. 04-06-00014-CV

IN RE Rudy RIOS

Original Mandamus Proceeding //

PER CURIAM Sitting: Alma L. L pez, Chief Justice Sarah B. Duncan, Justice Rebecca Simmons, Justice Delivered and Filed: February 1, 2006

PETITION FOR WRIT OF MANDAMUS DENIED Rudy Rios has filed a pro se petition for writ of mandamus contending that the trial court judge prematurely dismissed his appeal of a writ of forcible detainer issued by a justice of the peace. This court has considered Rios s petition for a writ of mandamus and is of the opinion that relief should be denied. See Tex. R. App. P. 52.8(a). Mandamus is an extraordinary remedy, and its issuance is largely controlled by equitable principles. Rivercenter Assocs. v. Rivera, 858 S.W.2d 366, 367 (Tex. 1993). One such principle is that [e]quity aids the diligent and not those who slumber on their rights. Id (quoting Callahan v. Giles, 137 Tex. 571, 576, 155 S.W.2d 793, 795 (Tex. 1941)). The order Rios seeks to challenge was entered by the trial court on July 15, 2005; however, Rios did not file his petition for writ of mandamus until January 6, 2006. Rios is not entitled to extraordinary relief in light of the unexplained delay. Accordingly, Rios s petition for writ of mandamus is denied. Rios shall pay all costs incurred in this proceeding. PER CURIAM

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