in Re: Renee Cuellar, Directly and Derivatively on Behalf of 3 Legendary Tigers, LLC D/B/A Tipsy Tiger and D/B/A EPTX

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
'
IN RE: RENEE CUELLAR, DIRECTLY No. 08-19-00035-CV
AND DERIVATIVELY ON BEHALF OF '
3 LEGENDARY TIGERS, LLC D/B/A AN ORIGINAL PROCEEDING
TIPSY TIGER AND D/B/A EPTX, '
IN MANDAMUS
Relator. '
'
MEMORANDUM OPINION
Relator, Renee Cuellar, Directly and Derivatively on Behalf of 3 Legendary Tigers, LLC
d/b/a Tipsy Tiger and d/b/a EPTX, has filed a mandamus petition against the Honorable Francisco
X. Dominguez, Judge of the 205th District Court of El Paso County, Texas. Cuellar is challenging
Respondent’s order granting a motion filed by the Receiver, Robert Sandoval, requesting the return
of certain funds. Cuellar also filed a motion to stay the underlying proceedings. The motion for
emergency relief and the petition for writ of mandamus 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
Relator has failed to show that she is entitled to mandamus relief. Accordingly, we deny the
motion for emergency relief and the petition for writ of mandamus.
January 30, 2019
ANN CRAWFORD McCLURE, Chief Justice
Before McClure, C.J., Rodriguez, and Palafox, JJ.
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