Opinion
No. 08-09-00103-CV
April 29, 2009.
An Original Proceeding in Mandamus.
Before CHEW, C.J., McCLURE, and RIVERA, JJ.
MEMORANDAUM OPINION
ON PETITION FOR WRIT OF MANDAMUS
Relator, Donald Smasal, Sr., candidate for Mayor of the Town of Horizon City, Texas asks this Court to issue a writ of mandamus against the City Clerk of Horizon City, Texas. 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 record before us, we are unable to conclude Relator is entitled to mandamus relief. Accordingly, the petition for writ of mandamus is denied. Further, we deny the request made by the Town of Horizon City, Texas for sanctions pursuant to Tex.R.App.P. 52.11.