In Re Ruiz

Because the Ruizes have an adequate remedy by appeal, I disagree with the conditional grant of the writ of mandamus. The requirement that mandamus will not issue where there is an adequate remedy by appeal is well-settled. Walker v. Packer, 827 S.W.2d 833, 840 (Tex.1992). Mandamus is intended to be an extraordinary remedy, available only in limited circumstances and will issue only in situations involving manifest and urgent necessity. Id. An exception to the “adequate remedy by appeal” requirement of Walker was recognized by the Texas Supreme Court in Proffer. The Court observed,

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