in Re: Fabiola Sanchez ( 2021 )

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
§
No. 08-20-00161-CV
IN RE: §
§ AN ORIGINAL PROCEEDING
FABIOLA SANCHEZ,
§ IN MANDAMUS
RELATOR. §
§
MEMORANDUM OPINION
Relator Fabiola Sanchez has filed a petition for a writ of mandamus against the Honorable
Jesus Rodriguez, judge of El Paso County Court at Law No. 5, contending that the trial court
abused its discretion by issuing a temporary order. 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 Co., 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 23, 2021
YVONNE T, RODRIGUEZ, Chief Justice
Before Rodriguez, C.J., Palafox, and Alley, JJ.
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