in Re: Midland Funding LLC

• Court: Court of Appeals of Texas
• Decided: February 17, 2017
• Docket: 08-16-00078-CV
• Status: Published

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

§ No. 08-16-00078-CV IN RE § An Original Proceeding MIDLAND FUNDING, LLC, § in Mandamus RELATOR §

§

MEMORANDUM OPINION

Relator, Midland Funding, LLC, has filed a mandamus petition against the Honorable

Carlos Villa, Judge of the County Court at Law No. 5 of El Paso, County, asking that the Court

order Respondent to set aside the judgment entered in favor of Miguel Marquez, the Real Party

in Interest, and to dismiss the de novo appeal from the Justice Court. We deny the petition for

writ of mandamus.

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 136.

On July 27, 2016, the Court issued its opinion granting mandamus relief. The Court

granted Marquez’s motion for rehearing and permitted him to file a response to the mandamus petition. Based on the record before us, we conclude that Relator has failed to establish that it is

entitled to mandamus relief. Accordingly, we deny the petition for writ of mandamus.

February 17, 2017 YVONNE T. RODRIGUEZ, Justice

Before McClure, C.J., Rodriguez, and Hughes, JJ. Hughes, J., Not Participating

-2-