In Re Davila

Court of Appeals of Texas

In Re Davila

281 S.W.3d 42, 2005 Tex. App. LEXIS 4437, 2005 WL 1363424

Court of Appeals of Texas·Decided June 9, 2005·No. 08-05-00194-CV·Published

Opinion

OPINION ON PETITION FOR WRIT OF MANDAMUS

DAVID WELLINGTON CHEW, Justice.

Relator, Charles J. Davila, asks this Court to issue a writ of mandamus against the Honorable Patricia Macias, Judge of the 388th District Court of El Paso County. Mandamus will lie only to correct a clear abuse of discretion. Walker v. Packer, 827 S.W.2d 833, 840 (Tex.1992)(orig.proceeding). Moreover, there must be no other adequate remedy at law. Id. Based on the record before us, we are unable to conclude that Respondent clearly abused her discretion. Accordingly, we deny mandamus relief. See Tex. RApp.P. 52.8(a).

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OPINION ON PETITION FOR WRIT OF MANDAMUS

DAVID WELLINGTON CHEW, Justice.

Relator, Charles J. Davila, asks this Court to issue a writ of mandamus against the Honorable Patricia Macias, Judge of the 388th District Court of El Paso County. Mandamus will lie only to correct a clear abuse of discretion. Walker v. Packer, 827 S.W.2d 833, 840 (Tex.1992)(orig.proceeding). Moreover, there must be no other adequate remedy at law. Id. Based on the record before us, we are unable to conclude that Respondent clearly abused her discretion. Accordingly, we deny mandamus relief. See Tex. RApp.P. 52.8(a).

In Re Davila, 281 S.W.3d 42, 2005 Tex. App. LEXIS 4437, 2005 WL 1363424 (Tex. Ct. App. 2005).

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Opinion

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