In Re: Raba-Kistner Anderson Consultants, Inc., d/b/a Raba-Kistner Consultants (SW), Inc., and Raba-Kistner Consultants, Inc.--Appeal from of County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

IN RE: RABA-KISTNER ANDERSON CONSULTANTS, INC., D/B/A/ RABA-KISTNER CONSULTANTS (SW), INC., AND RABA-KISTNER CONSULTANTS INC.,

Relator.

No. 08-05-00298-CV

AN ORIGINAL PROCEEDING

IN MANDAMUS

OPINION ON PETITION FOR WRIT OF MANDAMUS

Relator, Raba-Kistner Anderson Consultants, Inc., d/b/a/ Raba-Kistner Consultants (SW), Inc., and Raba-Kistner Consultants Inc., asks this Court to issue a writ of mandamus against the Honorable Luis Aguilar, Judge of the 120th 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.

As the party seeking relief, Relator has the burden of providing the Court with a sufficient record to establish its right to mandamus relief. Walker, 827 S.W.2d at 837; see Tex. R. App. P. 52.7(a)(2) (requiring a properly authenticated transcript or a statement that no testimony was adduced in connection with the matter complained). Based on the record presented, we conclude that Relator has not shown that it is entitled to mandamus relief, and therefore, we deny mandamus relief. See Tex. R. App. P. 52.8(a).

RICHARD BARAJAS, Chief Justice

November 17, 2005

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