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In re Sotelo

Court of Appeals of Texas, Eighth District, El Paso
Feb 17, 2005
162 S.W.3d 632 (Tex. App. 2005)

Opinion

No. 08-05-00064-CV.

February 17, 2005.

An Original Proceeding in Mandamus.

Jaay D. Neal, Law Office of Jaay D. Neal, P.C., San Antonio, for Relator.

James F. Scherr, Scherr Legate, P.C., El Paso, for Interested Party.

Before BARAJAS, C.J., McCLURE, and CHEW, JJ.


OPINION ON PETITION FOR WRIT OF MANDAMUS


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).


Summaries of

In re Sotelo

Court of Appeals of Texas, Eighth District, El Paso
Feb 17, 2005
162 S.W.3d 632 (Tex. App. 2005)
Case details for

In re Sotelo

Case Details

Full title:In re Maria SOTELO, Relator

Court:Court of Appeals of Texas, Eighth District, El Paso

Date published: Feb 17, 2005

Citations

162 S.W.3d 632 (Tex. App. 2005)

Citing Cases

Sotelo v. Scherr

Following this order, Sotelo petitioned this Court to issue a writ of mandamus arguing that the trial court…