in Re Christine Hortick ( 2021 )


Menu:
  •                                   Fourth Court of Appeals
    San Antonio, Texas
    MEMORANDUM OPINION
    No. 04-21-00552-CV
    IN RE Christine HORTICK,
    Relator
    Original Mandamus Proceeding 1
    PER CURIAM
    Sitting:          Patricia O. Alvarez, Justice
    Beth Watkins, Justice
    Liza A. Rodriguez, Justice
    Delivered and Filed: December 22, 2021
    STAY LIFTED; PETITION FOR WRIT OF MANDAMUS DENIED
    On December 15, 2021, Relator Christine Hortick filed an emergency petition for a writ of
    mandamus: She challenged the certification by Respondent Monica Alcantara, Bexar County
    Democratic Party Chairwoman, of the name of Shannon Roberta Salmón for the Democratic
    Primary ballot for the 225th District Court of Bexar County.
    On December 16, 2021, Hortick filed an emergency motion to stay the certification to the
    Secretary of State by Alcantara.
    1
    This proceeding arises out of Relator’s challenge to the certification of Shannon Roberta Salmón as a candidate for
    the 225th District Court in Bexar County, Texas. See TEX. ELECT. CODE ANN. § 273.061(a) (“[A] court of appeals
    may issue a writ of mandamus to compel the performance of any duty imposed by law in connection with the holding
    of an election or a political party convention, regardless of whether the person responsible for performing the duty is
    a public officer.”).
    04-21-00552-CV
    The same day, we granted Hortick’s request for a stay, we ordered Alcantara to not certify
    the name of Shannon Roberta Salmón for the ballot for the 225th District Court of Bexar County
    pending further order of this court, and we ordered Alcantara to file a response.
    On December 17, 2021, Alcantara filed a response; Salmón also filed a response, which
    requested sanctions against Hortick.
    Having considered the petition, the record, Hortick’s emergency motion, and Alcantara’s
    and Salmón’s responses, we conclude Hortick is not entitled to the relief sought. Accordingly, we
    lift our December 16, 2021 stay. Hortick’s petition for writ of mandamus and Salmón’s request
    for sanctions are denied.
    PER CURIAM
    -2-
    

Document Info

Docket Number: 04-21-00552-CV

Filed Date: 12/22/2021

Precedential Status: Precedential

Modified Date: 12/28/2021