in Re: Eric Flores

Opinion

Becker v. State

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

IN RE: ERIC FLORES, Relator.	§ § § § § §	No. 08-07-00336-CV AN ORIGINAL PROCEEDING IN MANDAMUS

MEMORANDUM OPINION ON PETITION FOR WRIT OF MANDAMUS

Relator, Eric Flores, seeks a writ of mandamus to compel the Honorable Mike Herrera, Judge of the 383rd Judicial District Court to preserve his right to a jury trial. Mr. Flores contends Judge Herrera has allowed individuals to intimidate him so that his present suit will be affected by his other lawsuits and has sought to illegally terminate his rights as conservator of his child without just cause. Mandamus will lie only to correct a clear abuse of discretion. Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992)(orig. proceeding). Additionally, there must be no other adequate remedy at law. Id. at 840. Based on the petition and record before us, Mr. Flores has failed to demonstrate he is entitled to mandamus relief. See Tex.R.App.P. 52.8.

December 6, 2007

DAVID WELLINGTON CHEW, Chief Justice

Before Chew, C.J., McClure, and Carr, JJ.