in Re: Peggy Smart, Formerly Known as Peggy Chatelain

• Court: Court of Appeals of Texas
• Decided: June 20, 2013
• Docket: 08-13-00005-CV
• Status: Published

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS §

§ No. 08-13-00005-CV

IN RE: PEGGY SMART, formerly § AN ORIGINAL PROCEEDING known as PEGGY CHATELAIN , § IN MANDAMUS Relator. §

§

MEMORANDUM OPINION

Relator, Peggy Smart, asks this Court to issue a writ of mandamus against the Honorable

Bob Parks, Judge of the 143rd District Court of Reeves County. 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 he has no adequate remedy by appeal. Id.

at 135-36. Based on the record before us, we are unable to conclude that Relator is entitled to

mandamus relief. Accordingly, we deny mandamus relief. See TEX. R. APP. P. 52.8(a).

GUADALUPE RIVERA, Justice June 20, 2013

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