in Re: Mid-Continent Preferred Life Insurance Co. ( 2008 )

Becker v. State

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

IN RE MID-CONTINENT PREFERRED LIFE INSURANCE COMPANY, RELATOR	§ § § § § §	No. 08-08-00298-CV An Original Proceeding in Mandamus

MEMORANDUM OPINION

ON PETITION FOR WRIT OF MANDAMUS

Relator, Mid-Continent Preferred Life Insurance Company, asks this Court to issue a writ of mandamus against the Honorable Maria Salas-Mendoza, Judge of the 120th District Court of El Paso County, in order to compel Judge Salas-Mendoza to grant Relator's plea to the jurisdiction. In order 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 he has no adequate remedy by appeal. Id. at 136. Based on the petition and record before us, we are unable to conclude that Relator is entitled to the relief requested. Accordingly, we deny mandamus relief. See Tex.R.App.P. 52.8(a).

December 11, 2008

DAVID WELLINGTON CHEW, Chief Justice

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

Carr, J. (Not Participating)