Opinion
No. 04-09-00084-CV
Delivered and Filed: February 18, 2009.
Original Mandamus Proceedings.
This proceeding arises out of Cause No. 2008-CVF-000993-D3, styled Fructuoso San Miguel v. The City of Laredo, Raul Salinas, Individually, and Carlos Villarreal, Individually, pending in the 341st Judicial District Court, Webb County, Texas, the Honorable Elma Teresa Salinas Ender presiding.
Petition for Writ of Mandamus Denied.
Sitting: CATHERINE STONE, Chief Justice, PHYLIS J. SPEEDLIN, Justice, MARIALYN BARNARD, Justice.
MEMORANDUM OPINION
In this original mandamus proceeding, relator Fructuoso San Miguel complains of the trial court's order granting the City of Laredo's motion to dismiss two individual defendants under Texas Civil Practice and Remedies Code section 101.106(e). To be entitled to mandamus relief, a relator must show the trial court clearly abused its discretion and the relator has no adequate remedy at law. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135 (Tex. 2004); Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992). The court has considered relator's petition and is of the opinion that relator is not entitled to the relief sought because he has an adequate remedy by appeal. See Tex. Bay Cherry Hill, L.P. v. City of Fort Worth, 257 S.W.3d 379, 396-97 (Tex.App.-Fort Worth 2008, no pet.) (considering an appeal from an order dismissing an employee from the suit under Texas Civil Practice and Remedies Code section 101.106(e)). Accordingly, relator's petition for writ of mandamus is denied. Tex. R. App. P. 52.8(a).