in Re: Cesar Orneals Law, PLLC, and Cesar Ornelas ( 2019 )

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
§
IN RE: No. 08-19-00204-CV
§
CESAR ORNELAS LAW, PLLC, AN ORIGINAL PROCEEDING
AND CESAR ORNELAS, §
IN MANDAMUS
Relators. §
MEMORANDUM OPINION
Relators, Cesar Ornelas Law, PLLC, and Cesar Ornelas, have filed a mandamus petition
against the Honorable Patrick Garcia, Judge of the 384th District Court of El Paso County, Texas,
challenging an order permitting pre-arbitration discovery. Relators have also filed a motion
requesting a stay of proceedings in the underlying case. The petition for writ of mandamus and
the emergency motion to stay are denied.
Generally, mandamus relief is appropriate only to correct a clear abuse of discretion or to
compel the performance of a ministerial duty, and where the relator has no adequate remedy by
appeal. In re Reece, 341 S.W.3d 360, 364 (Tex. 2011)(orig. proceeding); In re Prudential
Insurance Company of America, 148 S.W.3d 124, 135-36 (Tex. 2004)(orig. proceeding). The
burden is on relator to show it is entitled to mandamus relief. See In re Ford Motor Company, 165
S.W.3d 315, 317 (Tex. 2005)(orig. proceeding); Walker v. Packer, 827 S.W.2d 833, 837 (Tex.
1992)(orig. proceeding). After reviewing the mandamus petition and record, we conclude that
Relators have failed to show that they are entitled to mandamus relief. Accordingly, we deny the
emergency motion to stay and the petition for writ of mandamus.
GINA M. PALAFOX, Justice
August 7, 2019
Before McClure, C.J., Rodriguez, and Palafox, JJ.
-2-