in Re: Juan Carlos Bermudez ( 2015 )

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
§ No. 08-15-00200-CV
IN RE: JUAN CARLOS BERMUDEZ,
§ ORIGINAL PROCEEDING
Relator. § ON PETITION FOR WRIT OF
§ MANDAMUS
MEMORANDUM OPINION
Relator, Juan Carlos Bermudez, has filed a petition for writ of mandamus against the
Honorable Laura Strathmann, Judge of the 388th District Court of El Paso County, Texas,
challenging an order denying Relator’s motion to withdraw deemed admissions. Relator has also
filed a motion requesting a stay of the trial set for July 13, 2015. We deny the relief sought in
the emergency motion and the mandamus petition.
To be entitled to mandamus relief, a relator must meet two requirements. First, the
relator must show that the trial court clearly abused its discretion. In re Prudential Insurance
Company of America, 148 S.W.3d 124, 135 (Tex. 2004). Second, the relator must demonstrate
that there is no adequate remedy by appeal. Id. at 135-36. Based on the record before us, we
conclude that Relator has failed to establish he is entitled to mandamus relief. Accordingly, we
deny Relator’s emergency motion for stay and the petition for writ of mandamus.
STEVEN L. HUGHES, Justice
July 9, 2015
Before McClure, C.J., Rodriguez, and Hughes, JJ.
Rodriguez, J., dissenting