in Re: City of El Paso, Texas ( 2021 )

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
§
No. 08-21-00099-CV
IN RE: §
§ AN ORIGINAL PROCEEDING
CITY OF EL PASO, TEXAS,
§ IN MANDAMUS
RELATOR. §
§
MEMORANDUM OPINION
The City of El Paso has filed a petition for a writ of mandamus against the Honorable Sue
Kurita, judge of the El Paso County Court at Law No. 6, contending that the trial court abused its
discretion by issuing an order purporting to extend a prior temporary restraining order preventing
the demolition of certain property in Northeast El Paso until June 17, 2021, when another status
hearing on injunctive relief has been scheduled. The 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 Ins. Co. of
Am., 148 S.W.3d 124, 135 (Tex. 2004)(orig. proceeding). Second, the relator must demonstrate
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 Company, 165 S.W.3d 315, 317 (Tex.
2005)(orig. proceeding).
After reviewing the mandamus petition and record, we conclude that Relator has failed to
show entitlement to mandamus relief on this record. Accordingly, we deny the petition for writ of
mandamus.
June 14, 2021
YVONNE T. RODRIGUEZ, Chief Justice
Before Rodriguez, C.J., Palafox, and Alley, JJ.
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