Opinion
No. 08-09-00174-CV.
August 12, 2009.
An Original Proceeding in Mandamus.
Gerard Thomas Fazio, Owen Fazio, P.C., Dallas, TX, for Relator.
Joseph Isaac, Scherr Legate, PLLC, El Paso, TX, for real party in interest.
Before CHEW, C.J., McCLURE, and RIVERA, JJ.
MEMORANDUM OPINION ON PETITION FOR WRIT OF MANDAMUS
Relators, Odyssey Healthcare, Inc. and George Portillo, ask this Court to issue a writ of mandamus against the Honorable Carlos Villa, Judge of the County Court at Law No. 5 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 record before us, we are unable to conclude that Relators are entitled to mandamus relief. Accordingly, we deny mandamus relief. See Tex.R.App.P. 52.8(a).
Further, we lift the stay entered by previous written order of this Court.