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In re Zamora-Zarate

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS
May 16, 2018
No. 08-18-00072-CV (Tex. App. May. 16, 2018)

Opinion

No. 08-18-00072-CV

05-16-2018

IN RE: ISABEL ZAMORA-ZARATE, Relator.


AN ORIGINAL PROCEEDING IN MANDAMUS MEMORANDUM OPINION

Relator, Isabel Zamora-Zarate, has filed a mandamus petition against the Honorable Reed Leverton, Associate Judge of the 388th District Court of El Paso County, Texas. Relator asks that we order Respondent to enter an order that the Real Party in Interest's motion for new trial/motion to reopen the evidence was overruled by operation of law. Relator has also filed a motion for temporary relief. The petition for writ of mandamus and the motion for temporary relief 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. After reviewing the mandamus record and the petition, we conclude that Relator has failed to establish she is entitled to mandamus relief. Accordingly, we deny the motion for temporary relief and the mandamus petition. May 16, 2018

ANN CRAWFORD McCLURE, Chief Justice Before McClure, C.J., Rodriguez, and Palafox, JJ.


Summaries of

In re Zamora-Zarate

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS
May 16, 2018
No. 08-18-00072-CV (Tex. App. May. 16, 2018)
Case details for

In re Zamora-Zarate

Case Details

Full title:IN RE: ISABEL ZAMORA-ZARATE, Relator.

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

Date published: May 16, 2018

Citations

No. 08-18-00072-CV (Tex. App. May. 16, 2018)