From Casetext: Smarter Legal Research

In re Parsa

Court of Appeals of Texas, Eighth District, El Paso
Aug 4, 2021
No. 08-21-00125-CV (Tex. App. Aug. 4, 2021)

Opinion

08-21-00125-CV

08-04-2021

IN RE: KEYVAN PARSA, M.D. AND MONTOYA PARK PLACE, INC., Relators.


AN ORIGINAL PROCEEDING § IN MANDAMUS

Before Rodriguez, C.J., Palafox, and Alley, JJ.

MEMORANDUM OPINION

GINA M. PALAFOX, Justice

Relators Keyvan Parsa, M.D., and Montoya Park Place, Inc. have filed a petition for a writ of mandamus asking this Court to overturn an order issued by the Hon. Thomas Spieczny, visiting judge of the 327th District Court, impounding certain funds in the court's registry pending resolution of a lawsuit. Relators also filed a motion for emergency relief from the order pending resolution of the mandamus petition on the merits. The motion for emergency relief and petition for writ of mandamus are denied.

To be entitled to mandamus relief, a relator generally must meet two requirements. First, the relator must show that the trial court clearly abused its discretion. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135 (Tex. 2004) (orig. proceeding). Second, the relator must demonstrate that there is no adequate remedy by appeal. Id. at 135-36. The burden is on the relator to show he is entitled to mandamus relief. See In re Ford Motor Co., 165 S.W.3d 315, 317 (Tex. 2005) (orig. proceeding).

After reviewing the mandamus petition and record, we conclude that Relators have failed to show entitlement to mandamus relief on this record. Accordingly, we deny the emergency motion and the petition for writ of mandamus.


Summaries of

In re Parsa

Court of Appeals of Texas, Eighth District, El Paso
Aug 4, 2021
No. 08-21-00125-CV (Tex. App. Aug. 4, 2021)
Case details for

In re Parsa

Case Details

Full title:IN RE: KEYVAN PARSA, M.D. AND MONTOYA PARK PLACE, INC., Relators.

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

Date published: Aug 4, 2021

Citations

No. 08-21-00125-CV (Tex. App. Aug. 4, 2021)