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In re Odyssey Healthcare

Court of Appeals of Texas, Eighth District, El Paso
Aug 12, 2009
310 S.W.3d 464 (Tex. App. 2009)

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.


Summaries of

In re Odyssey Healthcare

Court of Appeals of Texas, Eighth District, El Paso
Aug 12, 2009
310 S.W.3d 464 (Tex. App. 2009)
Case details for

In re Odyssey Healthcare

Case Details

Full title:In re: ODYSSEY HEALTHCARE, INC. and George Portillo, Relators

Court:Court of Appeals of Texas, Eighth District, El Paso

Date published: Aug 12, 2009

Citations

310 S.W.3d 464 (Tex. App. 2009)

Citing Cases

In re Odyssey Healthcare

The court of appeals denied Odyssey's petition for writ of mandamus. 310 S.W.3d 464 (Tex.App.-El Paso 2009).…