From Casetext: Smarter Legal Research

In re Celadon Trucking Services

Court of Appeals of Texas, Eighth District, El Paso
Apr 12, 2005
162 S.W.3d 769 (Tex. App. 2005)

Opinion

No. 08-05-00099-CV.

April 12, 2005.

An Original Proceeding in Mandamus.

Steven L. Hughes, Mounce, Green, Myers, Safi Galatzan, El Paso, for Relator.

John P. Mobbs, El Paso, for Interested Party.

Before BARAJAS, C.J., McCLURE, and CHEW, JJ.


OPINION ON PETITION FOR WRIT OF MANDAMUS


Relators, Celadon Trucking Services, Inc., Jesus Mesta, and Dolores Rosales, ask this Court to issue a writ of mandamus against the Honorable Luis Aguilar, Judge of the 120th District Court of El Paso County. Mandamus will lie only to correct a clear abuse of discretion. Walker v. Packer, 827 S.W.2d 833, 840 (Tex. 1992) (orig.proceeding). Moreover, there must be no other adequate remedy at law. Id. Based on the record before us, we are unable to conclude that Relators do not have an adequate remedy by appeal. Accordingly, we deny mandamus relief. See Tex.R.App.P. 52.8(a). Our opinion should not be construed as a ruling on the merits of the choice of law issue presented in this mandamus proceeding.


Summaries of

In re Celadon Trucking Services

Court of Appeals of Texas, Eighth District, El Paso
Apr 12, 2005
162 S.W.3d 769 (Tex. App. 2005)
Case details for

In re Celadon Trucking Services

Case Details

Full title:In re CELADON TRUCKING SERVICES, INC., Jesus Mesta, and Dolores Rosales…

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

Date published: Apr 12, 2005

Citations

162 S.W.3d 769 (Tex. App. 2005)

Citing Cases

In re Garcia

, In re Puig, 351 S.W.3d at 306 (stating that mandamus is available to resolve a denial of a plea to the…

Celadon Trucking Serv. v. Martinez

First, he argues that Celadon has failed to raise any issue on appeal challenging the trial court's ruling…