in Re: Eric Flores ( 2008 )

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

IN RE: ERIC FLORES, Relator.	§ § § § § §	No. 08-08-00181-CV AN ORIGINAL PROCEEDING IN MANDAMUS

MEMORANDUM OPINION ON PETITION FOR WRIT OF MANDAMUS

Relator, Eric Flores, seeks a writ of mandamus to compel the Honorable Mike Herrera, Judge of the 383rd Judicial District Court reset a modification hearing and appoint an attorney to represent him in the underlying child support and custody modification suit. Mandamus will lie only to correct a clear abuse of discretion. Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992)(orig. proceeding). Additionally, there must be no other adequate remedy at law. Id. at 840. Based on the petition and record before us, Mr. Flores has failed to demonstrate he is entitled to mandamus relief. See Tex.R.App.P. 52.8.

June 12, 2008

DAVID WELLINGTON CHEW, Chief Justice

Before Chew, C.J., McClure, and Carr, JJ.