In Re the Toro Company v. the State of Texas
This text of In Re the Toro Company v. the State of Texas (In Re the Toro Company v. the State of Texas) 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.
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)
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