COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
'
' No. 08-15-00175-CV
IN RE: MVT SERVICES, L.L.C.,
' AN ORIGINAL PROCEEDING
Relator.
' IN MANDAMUS
'
OPINION
Relator, MVT Services, L.L.C., has filed a petition for writ of mandamus against the
Honorable Francisco X. Dominguez, Judge of the 205th District Court of El Paso County, Texas,
challenging an order denying Relator’s motion for continuance and Respondent’s purported
refusal to rule on a plea to the jurisdiction. Relator has also filed a motion requesting a stay of
the trial set for June 8, 2015. We deny the relief sought in the emergency motion and the
mandamus petition.
To be entitled to mandamus relief, a relator 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. Based on the record before us, we
conclude that Relator has failed to establish it is entitled to mandamus relief. Accordingly, we
deny Relator’s emergency motion for stay and the petition for writ of mandamus.
June 5, 2015
ANN CRAWFORD McCLURE, Chief Justice
Before McClure, C.J., Rodriguez, and Hughes, JJ.
(Hughes, J., not participating)
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