in Re: Petrona Del Carmen Valencia-De Rivas ( 2019 )

DENY; and Opinion Filed May 6, 2019.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-00480-CV
IN RE PETRONA DEL CARMEN VALENCIA-DE RIVAS, Relator
Original Proceeding from the 101st Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-18-10235
MEMORANDUM OPINION
Before Justices Myers, Molberg, and Nowell
Opinion by Justice Molberg
In this original proceeding, relator complains of the trial court’s order denying relator’s
motion to disqualify the real party in interest Guadalupe Vielma Ramirez’s trial counsel.
“Mandamus is available where a motion to disqualify is inappropriately denied as there is no
adequate remedy on appeal.” In re Turner, 542 S.W.3d 553, 555 (Tex. 2017) (quoting In re
Columbia Valley Healthcare Sys., L.P., 320 S.W.3d 819, 824 n.2 (Tex. 2010) (orig. proceeding)).
We review a trial court’s refusal to disqualify a law firm under an abuse of discretion standard. Id.
Based on the record before us, we conclude relator has not shown that the trial court abused
its discretion. Accordingly, we deny relator’s petition for writ of mandamus. See TEX. R. APP. P.
52.8(a) (the court must deny the petition if the court determines relator is not entitled to the relief
sought).
/Ken Molberg/
KEN MOLBERG
JUSTICE
190480F.P05
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