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In re McDowell

Court of Appeals of Texas, Eighth District, El Paso
Jun 5, 2008
No. 08-08-00094-CV (Tex. App. Jun. 5, 2008)

Opinion

No. 08-08-00094-CV

June 5, 2008.

An Original Proceeding in Mandamus.

Before CHEW, C.J., CARR, J., and GOMEZ, Judge.


MEMORANDUM OPINION ON PETITION FOR WRIT OF MANDAMUS


Relator, Marilyn J. McDowell, asks this Court to issue a writ of mandamus against the Honorable Eduardo A. Gamboa, Judge of the Probate Court No. 2 of El Paso County in connection with a contempt order. 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. Contempt orders are not appealable. Ex parte Rose, 704 S.W.2d 751, 752 n. 1 (Tex.Crim.App. 1984). Further, contempt orders that do not involve confinement cannot be reviewed by writ of habeas corpus, and the only possible relief is a writ of mandamus. In re Long, 984 S.W.2d 623, 625 (Tex. 1999). Based on the record before us, we are unable to conclude that Relator is entitled to mandamus relief. Accordingly, we deny the petition for writ of mandamus. See Tex.R.App.P. 52.8(a).

Gomez, Judge (Sitting by Assignment)


Summaries of

In re McDowell

Court of Appeals of Texas, Eighth District, El Paso
Jun 5, 2008
No. 08-08-00094-CV (Tex. App. Jun. 5, 2008)
Case details for

In re McDowell

Case Details

Full title:IN RE MARILYN J. MCDOWELL RELATOR

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

Date published: Jun 5, 2008

Citations

No. 08-08-00094-CV (Tex. App. Jun. 5, 2008)