In Re: Vista Hills Family Dental, LLC Appeal from 384th District Court of El Paso County (memorandum opinion)
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COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS § IN RE: No. 08-17-00138-CV § VISTA HILLS FAMILY DENTAL, LLC, AN ORIGINAL PROCEEDING § IN MANDAMUS RELATOR. § § MEMORANDUM OPINION Relator, Vista Hills Family Dental LLC, has filed a mandamus petition against the Honorable Patrick Garcia, Judge of the 384th District Court of El Paso County, Texas, challenging an order denying Relator’s plea to the jurisdiction. On June 30, 2017, the Court entered an order staying the underlying case pending its review of the mandamus petition. The relief requested in the mandamus petition is denied. To be entitled to mandamus relief, a relator generally must meet two requirements. First, the relator must show that the trial court clearly abused its discretion. In re Prudential Insurance Company of America, 148 S.W.3d 124, 135 (Tex. 2004). Second, the relator must demonstrate that there is no adequate remedy by appeal. Id. at 136. We conclude that Relator has failed to establish that it is entitled to mandamus relief. Accordingly, the stay ordered by the Court on June 30, 2017 is lifted and the mandamus petition is denied. All pending motions are denied as moot. August 11, 2017 YVONNE T. RODRIGUEZ, Justice Before McClure, C.J., Rodriguez, and Palafox, JJ. -2-
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