in Re: Marilyn S. Johnson

Opinion

Becker v. State

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

IN RE MARILYN S. JOHNSON RELATOR	§ § § § § §	No. 08-07-00260-CV An Original Proceeding in Mandamus

MEMORANDUM OPINION ON PETITION FOR WRIT OF MANDAMUS

Relator, Marilyn S. Johnson, seeks a writ of mandamus against the Honorable Eduardo A. Gamboa, Judge of the Probate 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).

September 20, 2007

DAVID WELLINGTON CHEW, Chief Justice

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