in Re: Swift Transportation Company, Inc.

Opinion

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

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IN RE: SWIFT TRANSPORTATION COMPANY, INC., § No. 08-09-00254-CV

Relator. § AN ORIGINAL PROCEEDING § IN MANDAMUS §

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MEMORANDUM OPINION ON PETITION FOR WRIT OF MANDAMUS Relator, Swift Transportation Company, Inc., asks this Court to issue a writ of mandamus against the Honorable Linda Y. Chew, Judge of the 327th District Court of El Paso County. Relator has also requested temporary relief. 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 136. 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). Further, we deny the request for temporary relief. See TEX .R.APP .P. 52.10.

GUADALUPE RIVERA, Justice September 30, 2009

Before Chew, C.J., McClure, and Rivera, JJ. Chew, C.J., not participating