in Re Counsel Financial Services, L.L.C.

• Court: Court of Appeals of Texas
• Decided: November 4, 2009
• Docket: 04-09-00081-CV
• Status: Published

Opinion

MEMORANDUM OPINION

No. 04-09-00081-CV

IN RE COUNSEL FINANCIAL SERVICES, L.L.C.

Original Mandamus Proceeding ⁽¹⁾

PER CURIAM

Sitting: Karen Angelini, Justice

Phylis J. Speedlin, Justice

Marialyn Barnard, Justice

Delivered and Filed: November 4, 2009

PETITION FOR WRIT OF MANDAMUS DENIED

In this original mandamus proceeding, relator Counsel Financial Services, L.L.C. complains of the trial court's orders granting the motion for relief from the enforcement of the foreign judgment. Also pending before this court are consolidated Cause Nos. 04-09-00079-CV and 04-09-00080-CV, which challenge the same order as relator challenges in this mandamus proceeding. To be entitled to mandamus relief, relator must show the trial court clearly abused its discretion and relator has no adequate remedy at law. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135 (Tex. 2004); Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992). The court has considered relator's petition and is of the opinion that relator is not entitled to the relief sought because it has an adequate remedy by appeal. Accordingly, relator's petition for writ of mandamus is denied. Tex. R. App. P. 52.8(a).

1. This proceeding arises out of Cause No. 2008-CI-20084, styled Counsel Financial Services v. David McQuade Leibowitz, PC, and David McQuade Leibowitz, pending in the 225th Judicial District Court, Bexar County, Texas, the Honorable Peter Sakai presiding, and Cause No. 2008-CI-20085, pending in the 285th Judicial District Court, Bexar County, Texas, the Honorable Michael Peden presiding. However, the challenged orders were signed by the Honorable John D. Gabriel, presiding judge of the 131st Judicial District Court, Bexar County, Texas.