Court of Civil Appeals of Texas, 2005

In Re Labruzzo

In Re Labruzzo
Court of Civil Appeals of Texas · Decided August 10, 2005 · Barajas, McClure, Chew
224 S.W.3d 277; 2005 WL 1593753 (South Western Reporter, Third Series)

In Re Labruzzo

Opinion

OPINION ON PETITION FOR WRIT OF MANDAMUS

DAVID WELLINGTON CHEW, Justice.

Relators, Donald V. Labruzzo, Carlos Camarillo and Plásticos Promex USA, Inc., ask this Court to issue a writ of mandamus against the Honorable Luis Aguilar, Judge of the 120th District Court of El Paso County. Mandamus will lie only to correct a clear abuse of discretion. Walker v. Packer, 827 S.W.2d 883, 840 (Tex. 1992)(orig. proceeding). Moreover, there must be no other adequate remedy at law. Id. In resolving issues presented in the context of an original mandamus proceeding, an appellate court may not deal with disputed matters of fact. Hooks v. Fourth Court of Appeals, 808 S.W.2d 56, 60 (Tex. 1991). Based on the record before us, we are unable to conclude that Respondent clearly abused his discretion. Accordingly, we deny mandamus relief. See Tex. R.App.P. 52.8(a). Further, the emergency stay order entered on June 22, 2005 is lifted.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.