COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS § IN RE: No. 08-25-00005-CV § THE TORO COMPANY, AN ORIGINAL PROCEEDING § Relator. IN MANDAMUS § ME MO RAN DU M O PI N I O N Relator, the Toro Company, has filed this petition for writ of mandamus against the Honorable Patricia Baca, Judge of the 346th District Court of El Paso County, Texas, for allegedly failing to grant its Rule 91a motion to dismiss.

“Mandamus relief is an extraordinary remedy requiring the relator to show that (1) the trial court clearly abused its discretion and (2) the relator lacks an adequate remedy by appeal.” In re Kappmeyer, 668 S.W.3d 651, 654 (Tex. 2023) (orig. proceeding). After reviewing the mandamus petition, we conclude Toro Company failed to establish it was entitled to mandamus relief.

Accordingly, we deny the petition for writ of mandamus. See Tex. R. App. P. 52.8(a).

GINA M. PALAFOX, Justice August 18, 2025 Before Palafox, J., Soto, J., and Rodriguez, C.J. (Ret.)

Rodriguez, C.J. (Ret.) (sitting by assignment)