in Re: David Krafsur and Francis LeVert , 2006 Tex. App. LEXIS 5631 ( 2006 )

Becker v. State

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

IN RE: DAVID KRAFSUR AND FRANCIS LEVERT,                       Relators.	§ § § § §  §	No. 08-06-00174-CV AN ORIGINAL PROCEEDING IN MANDAMUS

OPINION ON PETITION FOR WRIT OF MANDAMUS

           Relators, David Krafsur and Francis LeVert, seek a writ of mandamus against the Honorable Linda Y. Chew, Judge of the 327th District Court of El Paso County. Mandamus will lie only to correct a clear abuse of discretion. Walker v. Packer, 827 S.W.2d 833, 840 (Tex. 1992) (orig. proceeding). Moreover, there must be no other adequate remedy at law. Id. Based on the petition and record before us, we are unable to conclude that Relators are entitled to the relief requested. Accordingly, we deny mandamus relief. See Tex. R. App. P. 52.8(a). The motion for temporary relief is denied as moot.

                                                                  RICHARD BARAJAS, Chief Justice

June 29, 2006

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

Chew, J., not participating