COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
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IN RE: JAMES LEE SWEED, Relator. |
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No. 08-08-00062-CV AN ORIGINAL PROCEEDING IN MANDAMUS |
MEMORANDUM OPINION ON PETITION FOR WRIT OF MANDAMUS
Relator James Lee Sweed asks this Court to issue a writ of mandamus against the Honorable Gonzalo Garcia, Judge of the 210th District Court, El Paso County, Texas, to compel the trial court to rule on his motion for summary judgment in cause number 2007-2271. Mandamus is an extraordinary remedy, avalibile only to correct a clear abuse of discretion when no other adequate remedy exists at law. See Walker v. Packer, 827 S.W.2d 833, 840 (Tex. 1992) (orig. proceeding). Based on the record before us, we are unable to conclude that Respondent has clearly abused his discretion or that Realtor is without an alternative remedy at law. Therefore, the petition for writ of mandamus is denied.
February 21, 2008
DAVID WELLINGTON CHEW, Chief Justice
Before Chew, C.J., McClure, and Carr, JJ.