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In re Martinez

Court of Appeals of Texas, Eighth District, El Paso
Oct 23, 2008
No. 08-08-00263-CV (Tex. App. Oct. 23, 2008)

Opinion

No. 08-08-00263-CV

October 23, 2008.

An Original Proceeding.

In Mandamus.

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


MEMORANDUM OPINION ON PETITION FOR WRIT OF MANDAMUS


Relator, Tony Martinez, M.D., asks this Court to issue a writ of mandamus against the Honorable Javier Alvarez, Judge of the County Court at Law No. 3 of El Paso County, in order to compel Judge Alvarez to enter judgment on the jury's verdict. 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. Since Relator filed his mandamus petition, the trial court has entered judgment. Accordingly, we dismiss this mandamus proceeding as moot.


Summaries of

In re Martinez

Court of Appeals of Texas, Eighth District, El Paso
Oct 23, 2008
No. 08-08-00263-CV (Tex. App. Oct. 23, 2008)
Case details for

In re Martinez

Case Details

Full title:IN RE: TONY MARTINEZ, M.D., Relator

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

Date published: Oct 23, 2008

Citations

No. 08-08-00263-CV (Tex. App. Oct. 23, 2008)