Court of Civil Appeals of Texas, 2006

in Re: Scott J. Frey and Brach's Confections, Inc.

in Re: Scott J. Frey and Brach's Confections, Inc.
Court of Civil Appeals of Texas · Decided June 29, 2006 · Barajas, McClure, Chew
203 S.W.3d 414; 2006 Tex. App. LEXIS 5630; 2006 WL 1788228 (South Western Reporter, Third Series)

in Re: Scott J. Frey and Brach's Confections, Inc.

Opinion

OPINION ON PETITION FOR WRIT OF MANDAMUS

ANN CRAWFORD McCLURE, Justice.

Relators, Scott J. Frey and Brach’s Confections, Inc., ask this Court to issue a writ of mandamus against the Honorable Linda Chew, Judge of the 327th 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 her discretion by denying the motion to transfer venue. Accordingly, we deny mandamus relief. See Tex. R.App.P. 52.8(a).

CHEW, J., not participating.

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