COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
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IN RE: SIERRA CLUB,
Relator.
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No. 08-12-00282-CV
AN ORIGINAL PROCEEDING
IN MANDAMUS
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MEMORANDUM OPINION
Relator, Sierra Club, has filed a petition for writ of mandamus, requesting that this Court compel the Honorable Martin Muncy, presiding judge of the 109th Judicial District Court of Andrews County, to withdraw his order granting discovery while Sierra Club’s motion to dismiss filed pursuant to Section 27.003 of the Texas Civil Practice and Remedies Code is pending. A writ of mandamus will issue only if the trial court clearly abused its discretion and if the relator has no adequate remedy by appeal. In re Prudential Insurance Company of America, 148 S.W.3d 124, 135-36 (Tex. 2004). Based on the petition for writ of mandamus, the mandamus record, and the response filed by the Real Party in Interest, Andrews County, we conclude that Sierra Club has failed to show it is entitled to mandamus relief. We therefore deny the petition for writ of mandamus and lift the stay order entered on September 24, 2012.
November 28, 2012 _______________________________________________
ANN CRAWFORD McCLURE, Chief Justice
Before McClure, C.J., Rivera, and Antcliff, JJ.