in Re: Odyssey Healthcare, Inc. and George Portillo

Becker v. State

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS







IN RE: ODYSSEY HEALTHCARE, INC. and GEORGE PORTILLO,

Relators.

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No. 08-09-00174-CV

AN ORIGINAL PROCEEDING

IN MANDAMUS

MEMORANDUM OPINION

ON PETITION FOR WRIT OF MANDAMUS

Relators, Odyssey Healthcare, Inc. and George Portillo, ask this Court to issue a writ of mandamus against the Honorable Carlos Villa, Judge of the County Court at Law No. 5 of El Paso County. Mandamus will lie only to correct a clear abuse of discretion. Walker v. Packer, 827 S.W.2d 833, 840 (Tex. 1992)(orig. proceeding). Moreover, there must be no other adequate remedy at law. Id. Based on the record before us, we are unable to conclude that Relators are entitled to mandamus relief. Accordingly, we deny mandamus relief. See Tex.R.App.P. 52.8(a). Further, we lift the stay entered by previous written order of this Court.



August 12, 2009

ANN CRAWFORD McCLURE, Justice



Before Chew, C.J., McClure, and Rivera, JJ.