Opinion
No. 08-16-00228-CV
09-06-2016
IN RE UNION DE PASTEURIZADORES DE JUAREZ SOCIEDAD ANONIMA DE CAPITAL VARIABLE, RELATOR
AN ORIGINAL PROCEEDING IN MANDAMUS MEMORANDUM OPINION
Relator, Union De Pasteurizadores De Juarez Sociedad Anonima De Capital Variable, has filed a mandamus petition asking that we order the Honorable Annabell Perez, Judge of the 41st District Court of El Paso County, Texas, to cease all proceedings in a suit styled Union de Pasteurizadores de Juarez Sociedad Anonima de Capital Variable v. Jorge H. Zaragoza Fuentes, Rodrigo Mendoza, and Jose Luis Chaparro Amparan, Cause No. 2016DCV1380. Relator has also filed a motion for emergency relief asking that we stay all proceedings in the trial court including a hearing scheduled for September 7, 2016. We deny both the motion for emergency relief and the petition for writ of mandamus.
To be entitled to mandamus relief, a relator generally 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 that there is no adequate remedy by appeal. Id. at 136. Based on the record before us, we conclude that Relator has failed to establish it is entitled to mandamus relief. Accordingly, we deny the motion for emergency relief and the petition for writ of mandamus. September 6, 2016
YVONNE T. RODRIGUEZ, Justice Before McClure, C.J., Rodriguez, and Hughes, JJ.