COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS § IN RE § No. 08-08-00335-CV JOE ROWE, § An Original Proceeding § in Mandamus RELATOR § § MEMORANDAUM OPINION ON PETITION FOR WRIT OF MANDAMUS Relator, Joe Rowe, asks this Court to issue a writ of mandamus against the Honorable George E. Grubb, Judge of the County Court of Jeff Davis County, in order to compel Judge Grubb to grant Relator’s plea to the jurisdiction. Relator has also filed a motion seeking emergency relief. In order to be entitled to mandamus relief, a relator must meet two requirements. First, the relator must show that the trial court clearly abused its discretion. In re Prudential Insurance Company of America, 148 S.W.3d 124, 135 (Tex. 2004). Second, the relator must demonstrate he has no adequate remedy by appeal. Id. at 135-36. Based on the petition and record before us, we are unable to conclude that Relator is entitled to the relief requested. Accordingly, we deny mandamus relief. See TEX .R.APP .P. 52.8(a). Further, we deny the motion seeking emergency relief. See TEX .R.APP .P. 52.10.

December 3, 2008 DAVID WELLINGTON CHEW, Chief Justice Before Chew, C.J., McClure, and Rivera, JJ Rivera, J., Not Participating

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