in Re: Nicholas Bonacci

• Court: Court of Appeals of Texas
• Decided: January 18, 2012
• Docket: 08-12-00008-CV
• Status: Published

Opinion

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

IN RE: NICHOLAS BONACCI,                 Relator.	§	No. 08-12-00008-CV AN ORIGINAL PROCEEDING IN MANDAMUS

MEMORANDUM OPINION

Relator, Nicholas Bonacci has filed a petition for writ of mandamus, pro se requesting that this Court order the Honorable Patricia Macias, Judge of the 388th Judicial District Court of El Paso County, Texas to deny the real-party-in-interest’s request for dispersal of funds, and other judgment enforcement actions, during the pendency of Relator’s appeal.  Relator has also filed a motion seeking emergency or temporary relief, asking this Court to stay all further proceedings in the underlying case during the appeal.

Mandamus will issue only to correct a clear abuse of discretion.  See Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992)(orig. proceeding).  In addition, there must be no other adequate remedy at law available to the relator.  See In re McAllen Med. Cent., 275 S.W.3d 458, 464-65 (Tex. 2008)(orig. proceeding).  Based on the petition and record before us, Relator has failed to establish that he is entitled to relief by writ of mandamus.  See Tex.R.App.P. 52.8.  The petition, and the related motion for emergency or temporary relief are therefore denied.

                                                                        GUADALUPE RIVERA, Justice

January 18, 2012

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