in Re: Donald Smasal, Sr. Candidate for Mayor of the Town of Horizon City, Texas ( 2009 )

Becker v. State

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

IN RE DONALD SMASAL, SR., CANDIDATE FOR MAYOR OF THE TOWN OF HORIZON CITY, TEXAS RELATOR	§ § § § § §	No. 08-09-00103-CV An Original Proceeding in Mandamus

MEMORANDAUM OPINION

ON PETITION FOR WRIT OF MANDAMUS

Relator, Donald Smasal, Sr., candidate for Mayor of the Town of Horizon City, Texas asks this Court to issue a writ of mandamus against the City Clerk of Horizon City, Texas. 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 135-36. Based on the record before us, we are unable to conclude Relator is entitled to mandamus relief. Accordingly, the petition for writ of mandamus is denied. Further, we deny the request made by the Town of Horizon City, Texas for sanctions pursuant to Tex.R.App.P. 52.11.

April 29, 2009

DAVID WELLINGTON CHEW, Chief Justice

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