COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

MEMORANDAUM OPINION

ON PETITION FOR WRIT OF MANDAMUS

            Relator, James Elbaor, M.D., asks this Court to issue a writ of mandamus against the Honorable Linda Y. Chew, Judge of the 327th District Court of El Paso County. 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 136. Based on the record before us, we are unable to conclude that Relator is entitled to mandamus relief. Accordingly, we deny mandamus relief. See Tex. R. App. P. 52.8(a). Further, we withdraw our order dated February 11, 2010 granting Relator’s request for temporary relief. See Tex.R.App.P. 52.10.

February 24, 2010                                                      

                                                                                    ANN CRAWFORD McCLURE, Justice

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

Chew, C.J., not participating