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In re U.S. Pecan, Ltd.

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS
Aug 16, 2017
No. 08-17-00173-CV (Tex. App. Aug. 16, 2017)

Opinion

No. 08-17-00173-CV

08-16-2017

IN RE: U.S. PECAN, LTD., U.S. PECAN TRADING COMPANY, LTD., AND U.S. PECAN MANAGEMENT, LLC, RELATORS.


AN ORIGINAL PROCEEDING IN MANDAMUS MEMORANDUM OPINION

Relators, U.S. Pecan, Ltd., U.S. Pecan Trading Company, Ltd., and U.S. Pecan Management, LLC, have filed a petition asking that we issue the writ of mandamus against the Honorable Laura Strathmann, Judge of the 388th District Court of El Paso County, Texas, denying Relators' motion to disqualify Robert Edwards, Jeff Ray, and Ray, McChristian & Jeans. Relators have also filed a motion requesting temporary relief. The motion for temporary relief and the relief requested in the mandamus petition 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 Insurance Company of America, 148 S.W.3d 124, 135 (Tex. 2004). Second, the relator must demonstrate that there is no adequate remedy by appeal. Id. at 136. An order granting or denying a motion to disqualify is reviewable by mandamus. See National Medical Enterprises, Inc. v. Godbey, 924 S.W.2d 123, 133 (Tex. 1996)(orig. proceeding). We conclude that Relators have failed to establish that they are entitled to mandamus relief. Accordingly, the motion for temporary relief and the mandamus petition are denied. August 16, 2017

YVONNE T. RODRIGUEZ, Justice Before McClure, C.J., Rodriguez, and Palafox, JJ.
McClure, C.J., Not Participating


Summaries of

In re U.S. Pecan, Ltd.

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS
Aug 16, 2017
No. 08-17-00173-CV (Tex. App. Aug. 16, 2017)
Case details for

In re U.S. Pecan, Ltd.

Case Details

Full title:IN RE: U.S. PECAN, LTD., U.S. PECAN TRADING COMPANY, LTD., AND U.S. PECAN…

Court:COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

Date published: Aug 16, 2017

Citations

No. 08-17-00173-CV (Tex. App. Aug. 16, 2017)