In Re Labruzzo

Court of Appeals of Texas

In Re Labruzzo

224 S.W.3d 277, 2005 WL 1593753

CourtCourt of Appeals of Texas

DecidedAugust 10, 2005

Docket08-05-00204-CV

StatusPublished

Cited by2 cases

This text of 224 S.W.3d 277 (In Re Labruzzo) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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In Re Labruzzo, 224 S.W.3d 277, 2005 WL 1593753 (Tex. Ct. App. 2005).

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OPINION ON PETITION FOR WRIT OF MANDAMUS

DAVID WELLINGTON CHEW, Justice.

Relators, Donald V. Labruzzo, Carlos Camarillo and Plásticos Promex USA, 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 883, 840 (Tex.1992)(orig. proceeding). Moreover, there must be no other adequate remedy at law. Id. In resolving issues presented in the context of an original mandamus proceeding, an appellate court may not deal with disputed matters of fact. Hooks v. Fourth Court of Appeals, 808 S.W.2d 56, 60 (Tex.1991). Based on the record before us, we are unable to conclude that Respondent clearly abused his discretion. Accordingly, we deny mandamus relief. See Tex. R.App.P. 52.8(a). Further, the emergency stay order entered on June 22, 2005 is lifted.

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OPINION ON PETITION FOR WRIT OF MANDAMUS

DAVID WELLINGTON CHEW, Justice.

Relators, Donald V. Labruzzo, Carlos Camarillo and Plásticos Promex USA, 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 883, 840 (Tex.1992)(orig. proceeding). Moreover, there must be no other adequate remedy at law. Id. In resolving issues presented in the context of an original mandamus proceeding, an appellate court may not deal with disputed matters of fact. Hooks v. Fourth Court of Appeals, 808 S.W.2d 56, 60 (Tex.1991). Based on the record before us, we are unable to conclude that Respondent clearly abused his discretion. Accordingly, we deny mandamus relief. See Tex. R.App.P. 52.8(a). Further, the emergency stay order entered on June 22, 2005 is lifted.

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224 S.W.3d 277, 2005 WL 1593753, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-labruzzo-texapp-2005.

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