in Re: Linda S. Restrepo and Carlos E. Restrepo

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
§ No. 08-14-00159-CV
IN RE CARLOS RESTREPO AND § ORIGINAL PROCEEDING
LINDA RESTREPO,
§ ON PETITION FOR WRIT OF
RELATORS.
§ MANDAMUS
§
MEMORANDUM OPINION
Relators, Carlos Restrepo and Linda Restrepo, have filed a pro se petition for writ of
mandamus against the Honorable Carlos Villa, Judge of the County Court at Law No. 5 of
El Paso County, Texas. They ask that we order Respondent to set aside orders entered by
Respondent on May 14, 2013, June 7, 2013, and June 17, 2013. Relators have also filed a
motion to incorporate the mandamus record from cause number 08-13-00183-CV and a motion
for emergency relief.
To be entitled to mandamus relief, a relator must meet two requirements. First, the
relator must show that the trial court clearly abused its discretion. In re Prudential Insurance
Company of America, 148 S.W.3d 124, 135 (Tex. 2004). Second, the relator must demonstrate
that there is no adequate remedy by appeal. Id. at 135-36. The Court has reviewed the record
from cause number 08-13-00183-CV and the mandamus petition filed in this proceeding. Based
on the record before us, we conclude that Relators have not established they are entitled to
mandamus relief. Accordingly, we deny the petition for writ of mandamus, the motion to
incorporate the record from cause number 08-13-00183-CV, and the motion for emergency
relief. See TEX.R.APP.P. 52.8(a), 52.10.
May 23, 2014
YVONNE T. RODRIGUEZ, Justice
Before McClure, C.J., Rivera, and Rodriguez, JJ.
Rivera, J., Not Participating
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