In Re: Marilyn J. McDowell--Appeal from of County
Annotate this Case
Download PDF
COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS § IN RE No. 08-08-00094-CV § MARILYN J. MCDOWELL An Original Proceeding § RELATOR in Mandamus § § MEMORANDUM OPINION ON PETITION FOR WRIT OF MANDAMUS Relator, Marilyn J. McDowell, asks this Court to issue a writ of mandamus against the Honorable Eduardo A. Gamboa, Judge of the Probate Court No. 2 of El Paso County in connection with a contempt order. 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. Contempt orders are not appealable. Ex parte Rose, 704 S.W.2d 751, 752 n.1 (Tex.Crim.App. 1984). Further, contempt orders that do not involve confinement cannot be reviewed by writ of habeas corpus, and the only possible relief is a writ of mandamus. In re Long, 984 S.W.2d 623, 625 (Tex. 1999). Based on the record before us, we are unable to conclude that Relator is entitled to mandamus relief. Accordingly, we deny the petition for writ of mandamus. See TEX .R.APP .P. 52.8(a). June 5, 2008 DAVID WELLINGTON CHEW, Chief Justice Before Chew, C.J., Carr, J., and Gomez, Judge Gomez, Judge (Sitting by Assignment)
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
