COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
§
No. 08-16-00078-CV
IN RE §
An Original Proceeding
MIDLAND FUNDING, LLC, §
in Mandamus
RELATOR §
§
§
MEMORANDUM OPINION
Relator, Midland Funding, LLC, has filed a mandamus petition against the Honorable
Carlos Villa, Judge of the County Court at Law No. 5 of El Paso, County, asking that the Court
order Respondent to set aside the judgment entered in favor of Miguel Marquez, the Real Party
in Interest, and to dismiss the de novo appeal from the Justice Court. We deny the petition for
writ of mandamus.
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.
On July 27, 2016, the Court issued its opinion granting mandamus relief. The Court
granted Marquez’s motion for rehearing and permitted him to file a response to the mandamus
petition. Based on the record before us, we conclude that Relator has failed to establish that it is
entitled to mandamus relief. Accordingly, we deny the petition for writ of mandamus.
February 17, 2017
YVONNE T. RODRIGUEZ, Justice
Before McClure, C.J., Rodriguez, and Hughes, JJ.
Hughes, J., Not Participating
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