in Re: Bank of America, N.A. ( 2011 )

Becker v. State

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

IN RE BANK OF AMERICA, N.A., RELATOR.	§ § § § §	No. 08-11-00269-CV AN ORIGINAL PROCEEDING IN MANDAMUS

MEMORANDUM OPINION ON PETITION FOR WRIT OF MANDAMUS

            Relator asks this Court to issue a writ of mandamus against the Honorable Patrick Garcia, Judge of the 384th District Court of El Paso County. 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 Ins. Co. of Am., 148 S.W.3d 124, 135 (Tex. 2004). Second, the relator must demonstrate that there is no adequate remedy by appeal. Id. at 135-36. Based on the petition and on the record before us, we conclude that Relator has not demonstrated its entitlement to mandamus relief. Accordingly, the petition is denied. See Tex.R.App.P. 52.8(a).

September 14, 2011

DAVID WELLINGTON CHEW, Chief Justice

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