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In re Benitez

Court of Appeals of Texas, Eighth District, El Paso
Feb 5, 2004
No. 08-04-00007-CV (Tex. App. Feb. 5, 2004)

Opinion

No. 08-04-00007-CV.

February 5, 2004.

An Original Proceeding in Mandamus.

Before Panel No. 1, LARSEN, McCLURE, and CHEW, JJ.


MEMORANDUM OPINION ON WRIT OF MANDAMUS


Relator Martha Drusina Benitez has filed a pro se petition for writ of mandamus, seeking review of a summary judgment and requesting that the trial judges be recused. A writ of mandamus will issue only to correct a clear abuse of discretion when there is no other adequate remedy at law. Walker v. Packer, 827 S.W.2d 833, 839 (Tex. 1992) (orig. proceeding). An appeal is an adequate remedy at law for both of Relator's complaints. See TEX.R.APP.P. 26.1(a); see also In re Union Pac. Res. Co., 969 S.W.2d 427, 428-29 (Tex. 1998). Accordingly, the petition for writ of mandamus is denied.


Summaries of

In re Benitez

Court of Appeals of Texas, Eighth District, El Paso
Feb 5, 2004
No. 08-04-00007-CV (Tex. App. Feb. 5, 2004)
Case details for

In re Benitez

Case Details

Full title:IN RE: MARTHA DRUSINA BENITEZ

Court:Court of Appeals of Texas, Eighth District, El Paso

Date published: Feb 5, 2004

Citations

No. 08-04-00007-CV (Tex. App. Feb. 5, 2004)