Court of Civil Appeals of Texas, 2013

in Re Marcelino Rodriguez, Donna Jean Forgas, Linda Marie Wiltz Gilmore and Jock Wagner

in Re Marcelino Rodriguez, Donna Jean Forgas, Linda Marie Wiltz Gilmore and Jock Wagner
Court of Civil Appeals of Texas · Decided October 22, 2013

in Re Marcelino Rodriguez, Donna Jean Forgas, Linda Marie Wiltz Gilmore and Jock Wagner

Opinion

In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-13-00471-CV ____________________

IN RE MARCELINO RODRIGUEZ, DONNA JEAN FORGAS, LINDA MARIE WILTZ GILMORE AND JOCK WAGNER

_______________________________________________________ ______________ Original Proceeding ________________________________________________________ _____________ MEMORANDUM OPINION A petition for writ of mandamus and motion for temporary relief filed by Marcelino Rodriguez, Donna Jean Forgas, Linda Marie Wiltz Gilmore and Jock Wagner seeks to compel the trial court to vacate its order of October 21, 2013, which rescheduled an election. A writ of mandamus may be issued to correct a clear abuse of discretion when that abuse cannot be remedied by appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004); Walker v. Packer, 827 S.W.2d 833, 839 (Tex. 1992). After reviewing the mandamus record

and petition, we conclude that the relators have not demonstrated that they are entitled to mandamus relief. We deny the petition for writ of mandamus and the motion for temporary relief.

PETITION DENIED.

PER CURIAM

Opinion Delivered October 22, 2013 Before McKeithen, C.J., Kreger and Horton, JJ.

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