in Re: James Elbaor, M.D. ( 2010 )

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
§
No. 08-10-00053-CV
IN RE: JAMES ELBAOR, M.D., §
An Original Proceeding
Relator. §
in Mandamus
§
MEMORANDAUM OPINION
ON PETITION FOR WRIT OF MANDAMUS
Relator, James Elbaor, M.D., asks this Court to issue a writ of mandamus against the
Honorable Linda Y. Chew, Judge of the 327th 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 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 record before us, we are unable to conclude that Relator is entitled to
mandamus relief. Accordingly, we deny mandamus relief. See TEX . R. APP . P. 52.8(a). Further, we
withdraw our order dated February 11, 2010 granting Relator’s request for temporary relief. See
TEX .R.APP .P. 52.10.
February 24, 2010
ANN CRAWFORD McCLURE, Justice
Before Chew, C.J., McClure, and Rivera, JJ.
Chew, C.J., not participating