in Re: Alfredo Flores ( 2015 )

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
§ No. 08-15-00345-CV
IN RE
§ ORIGINAL PROCEEDING
ALFREDO FLORES,
§ ON PETITION FOR
RELATOR.
§ WRIT OF MANDAMUS
MEMORANDUM OPINION
Relator, Alfredo Flores, has filed a petition for writ of mandamus against the Honorable
Eduardo Gamboa, presiding judge of the Probate Court No. 1 of El Paso County, Texas, asking
that we order Respondent to withdraw an order disqualifying Relator’s attorney from
representing him in cause number 2015CGD00225, styled In the Guardianship of Sherleen
Lockhart Hervey, an Incapacitated Person. Relator also filed a motion to stay the underlying
case pending resolution of this original proceeding. We deny the motion to stay and the relief
sought by the mandamus petition.
To be entitled to mandamus relief, Relator must meet two requirements. In re Prudential
Insurance Company of America, 148 S.W.3d 124, 135 (Tex. 2004); Walker v. Packer, 827
S.W.2d 833, 840 (Tex. 1992). First, he must show that the trial court clearly abused its
discretion. In re Prudential, 148 S.W.3d at 135. Second, he must demonstrate that there is no
adequate remedy by appeal. In re Prudential, 148 S.W.3d at 135-36; In re McAllen Medical
Center, Inc., 275 S.W.3d 458, 462 (Tex. 2008). Finding that Relator has not made the required
showing, we deny the motion to stay and the petition for writ of mandamus.
December 9, 2015
YVONNE T. RODRIGUEZ, Justice
Before McClure, C.J., Rodriguez, and Hughes, JJ.
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