In Re the Toro Company v. the State of Texas

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

§ IN RE: No. 08-25-00005-CV § THE TORO COMPANY, AN ORIGINAL PROCEEDING § Relator. IN MANDAMUS §

ME MO RAN DU M O PI N I O N

Relator, the Toro Company, has filed this petition for writ of mandamus against the

Honorable Patricia Baca, Judge of the 346th District Court of El Paso County, Texas, for allegedly

failing to grant its Rule 91a motion to dismiss.

“Mandamus relief is an extraordinary remedy requiring the relator to show that (1) the trial

court clearly abused its discretion and (2) the relator lacks an adequate remedy by appeal.” In re

Kappmeyer, 668 S.W.3d 651, 654 (Tex. 2023) (orig. proceeding). After reviewing the mandamus

petition, we conclude Toro Company failed to establish it was entitled to mandamus relief.

Accordingly, we deny the petition for writ of mandamus. See Tex. R. App. P. 52.8(a).

GINA M. PALAFOX, Justice

August 18, 2025

Before Palafox, J., Soto, J., and Rodriguez, C.J. (Ret.) Rodriguez, C.J. (Ret.) (sitting by assignment)