In Re: Scott J. Frey and Brach's Confections, Inc.--Appeal from of County

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Becker v. State /**/

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

 

)

IN RE: ) No. 08-06-00125-CV

)

SCOTT J. FREY and ) AN ORIGINAL PROCEEDING

BRACH S CONFECTIONS, INC., )

)IN MANDAMUS

Relators. )

 

OPINION ON PETITION FOR WRIT OF MANDAMUS

Relators, Scott J. Frey and Brach s Confections, Inc., ask this Court to issue a writ of mandamus against the Honorable Linda Chew, Judge of the 327th 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 by denying the motion to transfer venue. Accordingly, we deny mandamus relief. See Tex.R.App.P. 52.8(a).

 

June 29, 2006

ANN CRAWFORD McCLURE, Justice

 

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

(Chew, J., not participating)

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