in Re Fructuoso San Miguel ( 2009 )

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MEMORANDUM OPINION
No. 04-09-00084-CV
IN RE FRUCTUOSO SAN MIGUEL
Original Mandamus Proceeding1
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Phylis J. Speedlin, Justice
Marialyn Barnard, Justice
Delivered and Filed: February 18, 2009
PETITION FOR WRIT OF MANDAMUS DENIED
In this original mandamus proceeding, relator Fructuoso San Miguel complains of the trial
court’s order granting the City of Laredo’s motion to dismiss two individual defendants under Texas
Civil Practice and Remedies Code section 101.106(e). To be entitled to mandamus relief, a relator
must show the trial court clearly abused its discretion and the relator has no adequate remedy at law.
In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135 (Tex. 2004); Walker v. Packer, 827 S.W.2d
833, 839-40 (Tex. 1992). The court has considered relator’s petition and is of the opinion that relator
is not entitled to the relief sought because he has an adequate remedy by appeal. See Tex. Bay
Cherry Hill, L.P. v. City of Fort Worth, 257 S.W.3d 379, 396-97 (Tex. App.—Fort Worth 2008, no
1
… This proceeding arises out of Cause No. 2008-CVF-000993-D3, styled Fructuoso San Miguel v. The City
of Laredo, Raul Salinas, Individually, and Carlos Villarreal, Individually, pending in the 341st Judicial District Court,
W ebb County, Texas, the Honorable Elma Teresa Salinas Ender presiding.
04-09-00084-CV
pet.) (considering an appeal from an order dismissing an employee from the suit under Texas Civil
Practice and Remedies Code section 101.106(e)). Accordingly, relator’s petition for writ of
mandamus is denied. TEX . R. APP . P. 52.8(a).
PER CURIAM
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