Court of Civil Appeals of Texas, 2013

in Re: Peggy Smart, Formerly Known as Peggy Chatelain

in Re: Peggy Smart, Formerly Known as Peggy Chatelain
Court of Civil Appeals of Texas · Decided June 20, 2013

in Re: Peggy Smart, Formerly Known as Peggy Chatelain

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS § § No. 08-13-00005-CV IN RE: PEGGY SMART, formerly § AN ORIGINAL PROCEEDING known as PEGGY CHATELAIN , § IN MANDAMUS Relator.

§ § MEMORANDUM OPINION Relator, Peggy Smart, asks this Court to issue a writ of mandamus against the Honorable Bob Parks, Judge of the 143rd District Court of Reeves 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 135-36. 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).

GUADALUPE RIVERA, Justice June 20, 2013 Before McClure, C.J., Rivera, and Rodriguez, JJ.

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