In Re: Inmobilaria Axial, S.A. de C.V., NAFTA Corp. and Juan AlvarezAppeal from County Court at Law No 6 of El Paso County (memorandum opinion )
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COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS § IN RE: INMOBILARIA AXIAL, S.A. DE C.V., NAFTA CORP., AND JUAN ALVAREZ, Relators. § No. 08-13-00118-CV § AN ORIGINAL PROCEEDING § IN MANDAMUS § § MEMORANDUM OPINION Relators, Inmobilaria Axial, S.A. de C.V., Nafta Corp., and Juan Alvarez, have filed a petition for writ of mandamus against the Honorable Sue Kurita, Judge of the County Court at Law No. 6 of El Paso County Texas. Relators asks the Court to issue a writ of mandamus requiring Respondent to enforce a forum selection clause and dismiss claims filed by the Real Party in Interest, Rudy J. Clarke, against the Relators. 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 135-136. Based on the record before us, we conclude that Relators have not established they are entitled to mandamus relief. Accordingly, the petition for writ of mandamus is denied. See TEX.R.APP.P. 52.8(a). October 18, 2013 YVONNE T. RODRIGUEZ, Justice Before McClure, C.J., Rivera, and Rodriguez, JJ. 2
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