in Re: VCC, LLC D/B/A VCC General Contracting and Construction Management ( 2014 )

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
§
IN RE: VCC, LLC D/B/A VCC No. 08-14-00154-CV
GENERAL CONTRACTING AND §
CONSTRUCTION MANAGEMENT, ORIGINAL PROCEEDING
RELATOR. § ON PETITION FOR WRIT OF
MANDAMUS
§
MEMORANDUM OPINION
Relator, VCC, LLC d/b/a VCC General Contracting and Construction Management, has
filed a petition for writ of mandamus against the Honorable Marcos Lizarraga, Judge of the
168th District Court of El Paso, requesting that we require Respondent to withdraw orders
denying VCC’s plea to the jurisdiction and motion to abate. The petition for writ of mandamus
is denied.
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 136. We conclude that Relator has failed to
establish it is entitled to mandamus relief.
September 12, 2014
YVONNE T. RODRIGUEZ, Justice
Before McClure, C.J., Rodriguez, J., and Barajas, Senior Judge
Barajas, Senior Judge (Sitting by Assignment)(Not Participating)