in Re: Petrona Del Carmen Valencia-De Rivas

• Court: Court of Appeals of Texas
• Decided: May 6, 2019
• Docket: 05-19-00480-CV
• Status: Published

Opinion

DENY; and Opinion Filed May 6, 2019.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-00480-CV

IN RE PETRONA DEL CARMEN VALENCIA-DE RIVAS, Relator

Original Proceeding from the 101st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-18-10235

MEMORANDUM OPINION Before Justices Myers, Molberg, and Nowell Opinion by Justice Molberg In this original proceeding, relator complains of the trial court’s order denying relator’s

motion to disqualify the real party in interest Guadalupe Vielma Ramirez’s trial counsel.

“Mandamus is available where a motion to disqualify is inappropriately denied as there is no

adequate remedy on appeal.” In re Turner, 542 S.W.3d 553, 555 (Tex. 2017) (quoting In re

Columbia Valley Healthcare Sys., L.P., 320 S.W.3d 819, 824 n.2 (Tex. 2010) (orig. proceeding)).

We review a trial court’s refusal to disqualify a law firm under an abuse of discretion standard. Id.

Based on the record before us, we conclude relator has not shown that the trial court abused

its discretion. Accordingly, we deny relator’s petition for writ of mandamus. See TEX. R. APP. P. 52.8(a) (the court must deny the petition if the court determines relator is not entitled to the relief

sought).

/Ken Molberg/ KEN MOLBERG JUSTICE

190480F.P05

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