In Re Francisco Ponciano-Ortiz v. the State of Texas

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-25-00701-CV
___________________________

IN RE FRANCISCO PONCIANO-ORTIZ, Relator

Original Proceeding
442nd District Court of Denton County, Texas
Trial Court No. 24-10868-442

Before Womack, J.; Sudderth, C.J.; and Birdwell, J.
Per Curiam Memorandum Opinion
MEMORANDUM OPINION

The court has considered relator’s “Petition for Writ of Mandamus,”

“Response of Real Party in Interest to Petition for Writ of Mandamus,” and

“Relator’s Reply to Response to Petition For Writ of Mandamus” and is of the

opinion that relief should be denied. See In re Baker, No. 02-23-00133-CV, 2023 WL

3879669, at *5–7 (Tex. App.—Fort Worth June 8, 2023, orig. proceeding) (mem. op.)

(determining that although trial court abused its discretion by striking counteraffidavit,

facts were distinguishable from those in In re Allstate Indemnity Co., 622 S.W.3d 870

(Tex. 2021) (orig. proceeding), with regard to adequacy of appellate remedy).

Accordingly, relator’s “Petition for Writ of Mandamus” is denied.

Per Curiam

Delivered: January 7, 2026

2