In Re Labbruzzo

Court of Appeals of Texas

In Re Labbruzzo

225 S.W.3d 206, 2005 Tex. App. LEXIS 10198, 2005 WL 3330782

Court of Appeals of Texas·Decided December 8, 2005·No. 08-05-00358-CV·Published

Opinion

OPINION ON PETITION FOR WRIT OF MANDAMUS

ANN CRAWFORD McCLURE, Justice.

Relators, Donald V. Labbruzzo, Carlos Camarillo, and Plásticos Promex U.S.A., Inc., ask this Court to issue a writ of mandamus against the Honorable Luis Aguilar, Judge of the 120th 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 his discretion or that Relators have no other adequate remedy at law. Accordingly, we deny mandamus relief. See Tex.R.App.P. 52.8(a). We also deny Relators’ motions for emergency stay.

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OPINION ON PETITION FOR WRIT OF MANDAMUS

ANN CRAWFORD McCLURE, Justice.

Relators, Donald V. Labbruzzo, Carlos Camarillo, and Plásticos Promex U.S.A., Inc., ask this Court to issue a writ of mandamus against the Honorable Luis Aguilar, Judge of the 120th 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 his discretion or that Relators have no other adequate remedy at law. Accordingly, we deny mandamus relief. See Tex.R.App.P. 52.8(a). We also deny Relators’ motions for emergency stay.

In Re Labbruzzo, 225 S.W.3d 206, 2005 Tex. App. LEXIS 10198, 2005 WL 3330782 (Tex. Ct. App. 2005).

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Opinion

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