In Re: Eric Flores--Appeal from of County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

Relator.

No. 08-08-00006-CV

AN ORIGINAL PROCEEDING

IN MANDAMUS

MEMORANDUM OPINION ON PETITION FOR WRIT OF MANDAMUS

Relator, Eric Flores, seeks a writ of mandamus to compel the Honorable Mike Herrera, Judge of the 383rd Judicial District Court to: (1)grant a hearing in the underlying child custody and support modification suit; (2) provide notice to the respondent in the underlying cause and order her presence in court; and (3) preserve his right to a jury trial. In a supplement to his original petition for mandamus, Relator also requests that this Court prohibit Judge Herrera from dismissing the modification suit with prejudice. Relator contends that the trial court and officials at the El Paso County Jail have prevented him from protecting his parental rights without just cause.

Mandamus will lie only to correct a clear abuse of discretion. Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992)(orig.proceeding). In addition, there must be no other adequate remedy at law. Walker, 827 S.W.2d at 840. Based on the petition, supplements, and record before us, Relator has failed to demonstrate he is entitled to mandamus relief. See Tex.R.App.P.52.8.

The mandamus relief requested is therefore denied.

February 21, 2008

DAVID WELLINGTON CHEW, Chief Justice

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