In Re: Keyvan Parsa, M.D. and Montoya Park Place, Inc. Appeal from 327th District Court of El Paso County (memorandum opinion)
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COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS § No. 08-21-00125-CV IN RE: KEYVAN PARSA, M.D. AND MONTOYA PARK PLACE, INC., § AN ORIGINAL PROCEEDING § IN MANDAMUS Relators. § § § MEMORANDUM OPINION Relators Keyvan Parsa, M.D., and Montoya Park Place, Inc. have filed a petition for a writ of mandamus asking this Court to overturn an order issued by the Hon. Thomas Spieczny, visiting judge of the 327th District Court, impounding certain funds in the court’s registry pending resolution of a lawsuit. Relators also filed a motion for emergency relief from the order pending resolution of the mandamus petition on the merits. The motion for emergency relief and petition for writ of mandamus are 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 Ins. Co. of Am., 148 S.W.3d 124, 135 (Tex. 2004) (orig. proceeding). Second, the relator must demonstrate 1 that there is no adequate remedy by appeal. Id. at 135-36. The burden is on the relator to show he is entitled to mandamus relief. See In re Ford Motor Co., 165 S.W.3d 315, 317 (Tex. 2005) (orig. proceeding). After reviewing the mandamus petition and record, we conclude that Relators have failed to show entitlement to mandamus relief on this record. Accordingly, we deny the emergency motion and the petition for writ of mandamus. GINA M. PALAFOX, Justice August 4, 2021 Before Rodriguez, C.J., Palafox, and Alley, JJ. 2
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