in Re: Duty Free Americas, Inc. and Meuchadim of Texas, LTD ( 2015 )

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
§ No. 08-15-00291-CV
IN RE
§ ORIGINAL PROCEEDING
DUTY FREE AMERICAS, INC. AND ON PETITION FOR
MEUCHADIM OF TEXAS, LTD., § WRIT OF MANDAMUS
RELATORS. §
MEMORANDUM OPINION
Relators, Duty Free Americas, Inc. and Meuchadim of Texas, Ltd., have filed a petition
for writ of mandamus against the Honorable William Moody, Judge of the 34th District Court of
El Paso County, Texas, asking the Court to order Respondent to grant Relators’ motion to
dismiss the underlying suit. Relators have also filed a motion requesting a stay of proceedings in
the trial court pending resolution of the mandamus. We deny the motion to stay and the relief
sought by the mandamus petition.
To be entitled to mandamus relief, Relators must meet two requirements. In re
Prudential Insurance Company of America, L.L.C., 148 S.W.3d 124, 135 (Tex. 2004); Walker v.
Packer, 827 S.W.2d 833, 840 (Tex. 1992). First, they must show that the trial court clearly
abused its discretion. Prudential, 148 S.W.3d at 135. Second, they must demonstrate that there
is no adequate remedy by appeal. In re Prudential, 148 S.W.3d at 135; In re McAllen Medical
Center, Inc., 275 S.W.3d 458, 462 (Tex. 2008). Finding that Relators have not made the
required showing, we deny the motion to stay and the petition for writ of mandamus.
October 21, 2015
YVONNE T. RODRIGUEZ, Justice
Before McClure, C.J., Rodriguez, and Hughes, JJ.
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