In Re Raba-Kistner Anderson Consultants, Inc.

Court of Appeals of Texas

In Re Raba-Kistner Anderson Consultants, Inc.

179 S.W.3d 745, 2005 WL 3074093

Court of Appeals of Texas·Decided December 14, 2005·No. 08-05-00298-CV·Published

Opinion

OPINION ON PETITION FOR WRIT OF MANDAMUS

RICHARD BARAJAS, Chief Justice.

Relator, Raba-Kistner Anderson Consultants, Inc., d/b/a/ Raba-Kistner Consultants (SW), Inc., and Raba-Kistner Consultants Inc., asks this Court to issue a writ of mandamus against the Honorable Luis Aguilar, Judge of the 120th District Court of El Paso County. Mandamus will lie only to correct a clear abuse of discretion. Walker v. Packer, 827 S.W.2d 833, 840 (Tex.1992) (orig. proceeding). Moreover, there must be no other adequate remedy at law. Id.

As the party seeking relief, Relator has the burden of providing the Court with a sufficient record to establish its right to mandamus relief. Walker, 827 S.W.2d at *746 837; see Tex.R.App. P. 52.7(a)(2) (requiring a properly authenticated transcript or a statement that no testimony was adduced in connection -with the matter complained). Based on the record presented, we conclude that Relator has not shown that it is entitled to mandamus relief, and therefore, we deny mandamus relief. See Tex.R.App. P. 52.8(a).

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OPINION ON PETITION FOR WRIT OF MANDAMUS

RICHARD BARAJAS, Chief Justice.

Relator, Raba-Kistner Anderson Consultants, Inc., d/b/a/ Raba-Kistner Consultants (SW), Inc., and Raba-Kistner Consultants Inc., asks this Court to issue a writ of mandamus against the Honorable Luis Aguilar, Judge of the 120th District Court of El Paso County. Mandamus will lie only to correct a clear abuse of discretion. Walker v. Packer, 827 S.W.2d 833, 840 (Tex.1992) (orig. proceeding). Moreover, there must be no other adequate remedy at law. Id.

As the party seeking relief, Relator has the burden of providing the Court with a sufficient record to establish its right to mandamus relief. Walker, 827 S.W.2d at *746 837; see Tex.R.App. P. 52.7(a)(2) (requiring a properly authenticated transcript or a statement that no testimony was adduced in connection -with the matter complained). Based on the record presented, we conclude that Relator has not shown that it is entitled to mandamus relief, and therefore, we deny mandamus relief. See Tex.R.App. P. 52.8(a).

In Re Raba-Kistner Anderson Consultants, Inc., 179 S.W.3d 745, 2005 WL 3074093 (Tex. Ct. App. 2005).

Pincite

179 S.W.3d 745 (In Re Raba-Kistner Anderson Consultants, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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