in Re: Kenneth H. Archibald and Archibald & Associates, Inc.

• Court: Court of Appeals of Texas
• Decided: May 18, 2016
• Docket: 08-16-00085-CV
• Status: Published

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS § IN RE: No. 08-16-00085-CV § KENNETH H. ARCHIBALD AND ORIGINAL PROCEEDING ARCHIBALD & ASSOCIATES, INC., § ON PETITION FOR WRIT OF Relators. § MANDAMUS

MEMORANDUM OPINION

Relators, Kenneth H. Archibald and Archibald & Associates, Inc., have filed a mandamus

petition asking that we order the Honorable Linda Y. Chew, Judge of the 327th District Court of

El Paso County, Texas, to grant their motion to disqualify counsel for the Real Parties in Interest,

Brett Henderson, M.D., and El Paso Orthopedic Surgery Group. We deny mandamus relief.

To be entitled to mandamus relief, a relator generally 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

that there is no adequate remedy by appeal. Id. at 135-36. An order granting or denying a

motion to disqualify counsel is reviewable by mandamus because a party generally lacks an

adequate appellate remedy if counsel is disqualified. See In re Nitla S.A. de C.V., 92 S.W.3d

419, 422 (Tex. 2002). We conclude that Relators have failed to show that the trial judge clearly

abused her discretion by denying the motion to disqualify. The petition for writ of mandamus is

denied.

STEVEN L. HUGHES, Justice May 18, 2016

Before McClure, C.J., Rodriguez, and Hughes, JJ.