in Re: Graham Brothers Entertainment, Inc. and Graham Entertainment Complex, Inc.

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

§

§ IN RE: GRAHAM BROTHERS No. 08-10-00035-CV ENTERTAINMENT, INC. AND § GRAHAM ENTERTAINMENT AN ORIGINAL PROCEEDING COMPLEX, INC., § IN MANDAMUS RELATORS §

MEMORANDUM OPINION ON PETITION FOR WRIT OF MANDAMUS

Relators, Graham Brothers Entertainment, Inc. and Graham Entertainment Complex, Inc.,

ask this Court to issue a writ of mandamus against the Honorable M. Sue Kurita, Judge of the

County Court at Law No. 6 of El Paso County. To be entitled to mandamus relief, a relator must

meet two requirements. First, the relator must show that the trial court clearly abused its

discretion. In re Prudential Insurance Company of America, 148 S.W.3d 124, 135 (Tex. 2004).

Second, the relator must demonstrate he has no adequate remedy by appeal. Id. at 135-36. Based

on the record before us, we are unable to conclude that Relator is entitled to mandamus relief.

Accordingly, we deny mandamus relief. See TEX .R.APP .P. 52.8(a). Further, we withdraw our

order dated February 15, 2010 granting Relator’s request for temporary relief. See TEX .R.APP .P.

52.10.

February 24, 2010 DAVID WELLINGTON CHEW, Chief Justice

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