in Re: Graham Brothers Entertainment, Inc. and Graham Entertainment Complex, Inc. ( 2010 )

Becker v. State

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

IN RE: GRAHAM BROTHERS ENTERTAINMENT, INC. AND GRAHAM ENTERTAINMENT COMPLEX, INC., RELATORS	§ § § § § §	No. 08-10-00035-CV AN ORIGINAL PROCEEDING IN MANDAMUS

MEMORANDUM OPINION

ON PETITION FOR WRIT OF MANDAMUS

            Relators, Graham Brothers Entertainment, Inc. and Graham Entertainment Complex, Inc., ask this Court to issue a writ of mandamus against the Honorable M. Sue Kurita, Judge of the County Court at Law No. 6 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 135-36. 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 15, 2010 granting Relator’s request for temporary relief. See Tex.R.App.P. 52.10.

February 24, 2010

DAVID WELLINGTON CHEW, Chief Justice

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