COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
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IN RE No. 08-16-00315-CV
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VISTACON, INC. GENERAL AN ORIGINAL PROCEEDING
CONTRACTORS AND BASILIO §
SILVA, IN MANDAMUS
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RELATORS
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MEMORANDUM OPINION
Relators, Vistacon, Inc. General Contractors and Basilio Silva, have filed a mandamus
petition asking that we issue the writ of mandamus against the Honorable Luis Aguilar, Judge of
the 243rd District Court of El Paso County, Texas, ordering Respondent to vacate an order which
denied Relators’ plea to the jurisdiction, and ordering Respondent to grant the plea to the
jurisdiction. Relators have also filed a motion for emergency relief asking for a stay of all
proceedings in the underlying case pending resolution of the mandamus. We deny both the
motion for emergency relief and 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. Based on the record before us, we
conclude that Relators have failed to establish they is entitled to mandamus relief. Accordingly,
we deny the motion for emergency relief and the petition for writ of mandamus.
January 27, 2017
YVONNE T. RODRIGUEZ, Justice
Before McClure, C.J., Rodriguez, and Palafox, JJ.
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