in Re: J.T. Vaughn Enterprises, Inc. (Incorrectly Named as J.T. Vaughn Construction, LLC) and Capform, Inc. ( 2014 )


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  •                                    COURT OF APPEALS
    EIGHTH DISTRICT OF TEXAS
    EL PASO, TEXAS
    §
    IN RE: J.T. VAUGHN ENTERPRISES,                                    No. 08-14-00168-CV
    INC. AND CAPFORM, INC.,                           §
    ORIGINAL PROCEEDING
    RELATORS.              §           ON PETITION FOR WRIT OF
    MANDAMUS
    §
    MEMORANDUM OPINION
    Relators, J.T. Vaughn Enterprises, Inc. and Capform, Inc., have 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 Relators’ pleas 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 Relators have failed to
    establish they are 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)
    

Document Info

Docket Number: 08-14-00168-CV

Filed Date: 9/12/2014

Precedential Status: Precedential

Modified Date: 10/16/2015