in Re: Sebra Gonzalez ( 2018 )

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
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IN RE: No. 08-18-00217-CV
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SEBRA GONZALEZ, AN ORIGINAL PROCEEDING
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RELATOR. IN MANDAMUS
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MEMORANDUM OPINION
Relator, Sebra Gonzalez, filed a mandamus petition against the Honorable Guadalupe
Rivera, Presiding Judge of the 383rd District Court of El Paso County, Texas. Relator asks that
we order Respondent to set aside an order setting the underlying case for a bench trial and set the
case for jury trial. The petition for writ of mandamus is denied.
Generally, mandamus relief is appropriate only to correct a clear abuse of discretion or to
compel the performance of a ministerial duty, and where the relator has no adequate remedy by
appeal. In re Reece, 341 S.W.3d 360, 364 (Tex. 2011)(orig. proceeding); In re Prudential
Insurance Company of America, 148 S.W.3d 124, 135-36 (Tex. 2004)(orig. proceeding). The
burden is on relator to show it is entitled to mandamus relief. See In re Ford Motor Company, 165
S.W.3d 315, 317 (Tex. 2005)(orig. proceeding); Walker v. Packer, 827 S.W.2d 833, 837 (Tex.
1992)(orig. proceeding). After reviewing the mandamus petition, we conclude that Relator failed
to establish she is entitled to mandamus relief. Accordingly, the petition for writ of mandamus is
denied.
December 14, 2018
YVONNE T. RODRIGUEZ, Justice
Before McClure, C.J., Rodriguez, and Palafox, JJ.
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