CONSUMER PORTFOLIO SERVICES, INC. v. JUDITH OBREGON--Appeal from County Court at Law No 2 of Hidalgo County

State: Texas

Docket No: 13-09-00548-CV

Case Date: 11/04/2010

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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