In Re: Zulema Carrillo, Davie Johnson and Adan Dominguez--Appeal from Probate Court No 1 of El Paso County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

)

IN RE: ) No. 08-06-00178-CV

)

ZULEMA CARRILLO, DAVIE JOHNSON, ) AN ORIGINAL PROCEEDING

and ADAN DOMINGUEZ, )

)IN MANDAMUS

Relators. )

MEMORANDUM OPINION

Relators Zulema Carrillo, Davie Johnson, and Adan Dominguez seek a writ of mandamus against the Honorable Max W. Higgs, Judge of the Probate Court of El Paso County. The dispute arises out of Judge Higgs appointment of the Real Party in Interest, Terry W. Hammond, as master in chancery in several guardianship cases. 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. After the mandamus petition was filed, Judge Higgs withdrew the portions of the orders appointing Hammond to serve as master in chancery thereby rendering this original proceeding moot. Accordingly, we deny mandamus relief. See Tex.R.App.P. 52.8(a).

July 6, 2006 PER CURIAM

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