In Re: Minority Media TV-38, LLC--Appeal from of County

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COURT OF APPEALS

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

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) No. 08-05-00345-CV

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IN RE: MINORITY MEDIA TV-38, LLC ) AN ORIGINAL PROCEEDING

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) IN MANDAMUS

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OPINION ON PETITION FOR WRIT OF MANDAMUS

Relator, Minority Media TV-38, LLC, 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. Based on the record before us, we are unable to conclude that Respondent clearly abused his discretion. Accordingly, we deny mandamus relief. See Tex.R.App.P. 52.8(a). The order granting emergency relief and staying the trial court proceedings is lifted.

November 17, 2005

DAVID WELLINGTON CHEW, Justice

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

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