In re Sotelo

Court of Appeals of Texas

In re Sotelo

162 S.W.3d 632, 2005 Tex. App. LEXIS 1339, 2005 WL 387251

CourtCourt of Appeals of Texas

DecidedFebruary 17, 2005

DocketNo. 08-05-00064-CV

StatusPublished

Cited by2 cases

This text of 162 S.W.3d 632 (In re Sotelo) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Sotelo, 162 S.W.3d 632, 2005 Tex. App. LEXIS 1339, 2005 WL 387251 (Tex. Ct. App. 2005).

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Opinion

OPINION ON PETITION FOR WRIT OF MANDAMUS

ANN CRAWFORD McCLURE, Justice.

Relator, Maria Sotelo, asks this Court to issue a writ of mandamus against the 34th 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. Based on the record before us, we are unable to conclude that Respondent clearly abused his discretion by concluding that he did not have plenary jurisdiction to rule on Relator’s motion. Accordingly, we deny mandamus relief. See Tex.R.App.P. 52.8(a).

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OPINION ON PETITION FOR WRIT OF MANDAMUS

ANN CRAWFORD McCLURE, Justice.

Relator, Maria Sotelo, asks this Court to issue a writ of mandamus against the 34th 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. Based on the record before us, we are unable to conclude that Respondent clearly abused his discretion by concluding that he did not have plenary jurisdiction to rule on Relator’s motion. Accordingly, we deny mandamus relief. See Tex.R.App.P. 52.8(a).

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162 S.W.3d 632, 2005 Tex. App. LEXIS 1339, 2005 WL 387251, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-sotelo-texapp-2005.

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