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In re Bonacci

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS
Jan 18, 2012
No. 08-12-00008-CV (Tex. App. Jan. 18, 2012)

Opinion

No. 08-12-00008-CV

01-18-2012

In re: NICHOLAS BONACCI, Relator.


AN ORIGINAL PROCEEDING

IN MANDAMUS


MEMORANDUM OPINION

Relator, Nicholas Bonacci has filed a petition for writ of mandamus, pro se requesting that this Court order the Honorable Patricia Macias, Judge of the 388th Judicial District Court of El Paso County, Texas to deny the real-party-in-interest's request for dispersal of funds, and other judgment enforcement actions, during the pendency of Relator's appeal. Relator has also filed a motion seeking emergency or temporary relief, asking this Court to stay all further proceedings in the underlying case during the appeal.

Mandamus will issue only to correct a clear abuse of discretion. See Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992)(orig. proceeding). In addition, there must be no other adequate remedy at law available to the relator. See In re McAllen Med. Cent., 275 S.W.3d 458, 464-65 (Tex. 2008)(orig. proceeding). Based on the petition and record before us, Relator has failed to establish that he is entitled to relief by writ of mandamus. See TEX.R.APP.P. 52.8. The petition, and the related motion for emergency or temporary relief are therefore denied.

GUADALUPE RIVERA, Justice Before McClure, C.J., Rivera, J., and Antcliff, J.


Summaries of

In re Bonacci

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS
Jan 18, 2012
No. 08-12-00008-CV (Tex. App. Jan. 18, 2012)
Case details for

In re Bonacci

Case Details

Full title:In re: NICHOLAS BONACCI, Relator.

Court:COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

Date published: Jan 18, 2012

Citations

No. 08-12-00008-CV (Tex. App. Jan. 18, 2012)