Court of Civil Appeals of Texas, 2007

in Re: Brett Duke and the Law Offices of Brett Duke, P. C.

in Re: Brett Duke and the Law Offices of Brett Duke, P. C.
Court of Civil Appeals of Texas · Decided January 11, 2007

in Re: Brett Duke and the Law Offices of Brett Duke, P. C.

Opinion

Becker v. State

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS





IN RE:


BRETT DUKE AND THE LAW OFFICES OF BRETT DUKE, P.C.,


                            Relator.

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No. 08-06-00325-CV


AN ORIGINAL PROCEEDING

                     IN MANDAMUS

 

 

 

MEMORANDUM OPINION

            Brett Duke and the Law Offices of Brett Duke, P.C. filed a petition seeking a writ of mandamus against the Honorable Javier Alvarez, Judge of the County Court at Law No. 3 of El Paso County in connection with Respondent’s denial of Relators’ motion to withdraw as counsel. 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. After the petition was filed, Respondent granted Relators’ motion to withdraw thereby rendering this original proceeding moot. Relators have filed a motion to dismiss the mandamus proceeding. We grant the motion and dismiss this original proceeding.


January 11, 2007                                                        

                                                                                    ANN CRAWFORD McCLURE, Justice


Before Chew, C.J., McClure, and Carr, JJ.

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