In Re Gutierrez

Court of Appeals of Texas

In Re Gutierrez

224 S.W.3d 723, 2006 Tex. App. LEXIS 5632, 2006 WL 1788242

Court of Appeals of Texas·Decided June 29, 2006·No. 08-06-00177-CV·Published

Opinion

OPINION ON PETITION FOR WRIT OF MANDAMUS

DAVID WELLINGTON CHEW, Justice.

Relator, Cynthia Gutierrez, seeks a writ of mandamus against the Honorable Mike Herrera, Judge of the 383rd 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 petition and record before us, we are unable to conclude that Relator is entitled to the relief requested. Accordingly, we deny mandamus relief. See Tex.R.App.P. 52.8(a).

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OPINION ON PETITION FOR WRIT OF MANDAMUS

DAVID WELLINGTON CHEW, Justice.

Relator, Cynthia Gutierrez, seeks a writ of mandamus against the Honorable Mike Herrera, Judge of the 383rd 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 petition and record before us, we are unable to conclude that Relator is entitled to the relief requested. Accordingly, we deny mandamus relief. See Tex.R.App.P. 52.8(a).

In Re Gutierrez, 224 S.W.3d 723, 2006 Tex. App. LEXIS 5632, 2006 WL 1788242 (Tex. Ct. App. 2006).

Pincite

224 S.W.3d 723 (In Re Gutierrez) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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