COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
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IN RE: No. 08-16-00299-CV
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C & C ROAD CONSTRUCTION, INC., AN ORIGINAL PROCEEDING
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RELATOR IN MANDAMUS
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MEMORANDUM OPINION
Relator, C & C Road Construction, Inc., has filed a mandamus petition asking that we
issue the writ of mandamus against the Honorable Angie Juarez Barill, Judge of the 346th
District Court of El Paso County, Texas, ordering Respondent to vacate an order striking
Relator’s supplemental answer. The Court previously granted Relator’s motion requesting a stay
of proceedings in Saab Site Contractors, L.P. v. C & C Road Construction, Inc. (cause number
2014DCV2963), pending our resolution of this original proceeding. The petition for writ of
mandamus is 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. Based on the record before us, we
conclude that Relator has failed to establish it is entitled to mandamus relief. Accordingly, we
lift the stay previously imposed in this cause, and we deny the petition for writ of mandamus.
January 6, 2017
YVONNE T. RODRIGUEZ, Justice
Before McClure, C.J., Rodriguez, and Palafox, JJ.
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