in Re: Sierra Club

Opinion

                                                           COURT OF APPEALS

                                                   EIGHTH DISTRICT OF TEXAS

                                                              EL PASO, TEXAS

IN RE:  SIERRA CLUB,                                                Relator.

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No. 08-12-00282-CV AN ORIGINAL PROCEEDING IN MANDAMUS

                                                     MEMORANDUM OPINION

Relator, Sierra Club, has filed a petition for writ of mandamus, requesting that this Court compel the Honorable Martin Muncy, presiding judge of the 109th Judicial District Court of Andrews County, to withdraw his order granting discovery while Sierra Club’s motion to dismiss filed pursuant to Section 27.003 of the Texas Civil Practice and Remedies Code is pending.  A writ of mandamus will issue only if the trial court clearly abused its discretion and if the relator has no adequate remedy by appeal.  In re Prudential Insurance Company of America, 148 S.W.3d 124, 135-36 (Tex. 2004).  Based on the petition for writ of mandamus, the mandamus record, and the response filed by the Real Party in Interest, Andrews County, we conclude that Sierra Club has failed to show it is entitled to mandamus relief.  We therefore deny the petition for writ of mandamus and lift the stay order entered on September 24, 2012.

November 28, 2012                            _______________________________________________

ANN CRAWFORD McCLURE, Chief Justice

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