in Re: N. A. Bombach

• Court: Court of Appeals of Texas
• Decided: March 14, 2012
• Docket: 08-12-00071-CV
• Status: Published

Opinion

                                                           COURT OF APPEALS

                                                   EIGHTH DISTRICT OF TEXAS

                                                              EL PASO, TEXAS

IN RE:  N.A. BOMBACH,                                           Relator.	'	No. 08-12-00071-CV AN ORIGINAL PROCEEDING IN MANDAMUS

            MEMORANDUM OPINION ON PETITION FOR WRIT OF MANDAMUS

            N.A. Bombach, Relator, asks that we issue a writ of mandamus against the Honorable Bill Hicks, Judge of the 243rd District Court of El Paso County, Texas because Respondent has ruled that Relator is not entitled to advance payment of all legal expenses incurred in connection with claims being pursued by Relator in Cause No. 2010-2026, Jonah Long-Term Holdings, LLC et al. v. N.A. Bombach, in the 243rd District Court.  Relator has also filed a motion for emergency relief to stay various discovery deadlines and a trial setting. 

To be entitled to mandamus relief, a relator 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.  Based on the record before us, we conclude that Relator is not entitled to relief.  Accordingly, the petition for writ of mandamus and the motion for emergency relief are denied.  See Tex.R.App.P. 52.8(a).

March 14, 2012                                   ________________________________________________

ANN CRAWFORD McCLURE, Chief Justice

Before McClure, C.J., Rivera, and Antcliff, JJ.

Antcliff, J., not participating