In Re: Charles J. Davila--Appeal from 388th District Court of El Paso County

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COURT OF APPEALS

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

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) No. 08-05-00194-CV

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IN RE: CHARLES J. DAVILA ) AN ORIGINAL

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) PROCEEDING IN MANDAMUS

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OPINION ON PETITION FOR WRIT OF MANDAMUS

Relator, Charles J. Davila, asks this Court to issue a writ of mandamus against the Honorable Patricia Macias, Judge of the 388th District Court of El Paso County. Mandamus will lie only to correct a clear abuse of discretion. Walker v. Packer, 827 S.W.2d 833, 840 (Tex. 1992)(orig. proceeding). Moreover, there must be no other adequate remedy at law. Id. Based on the record before us, we are unable to conclude that Respondent clearly abused her discretion. Accordingly, we deny mandamus relief. See Tex.R.App.P. 52.8(a).

June 9, 2005

DAVID WELLINGTON CHEW, Justice

Before Barajas, C.J., McClure, and Chew, JJ.

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