IN RE: WENDY THORPE

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Court of Appeals of Texas, El Paso.

IN RE: WENDY THORPE, Relator.

No. 08-16-00328-CV

Decided: January 25, 2017

Before McClure, C.J., Rodriguez, and Palafox, JJ.

MEMORANDUM OPINION

Relator, Wendy Thorpe, has filed a mandamus petition asking that we issue the writ of mandamus against the Honorable Guy Herman, Presiding Judge of the Statutory Probate Courts. She asks that we compel Respondent to grant her motion to disqualify the Honorable Patricia Chew, Judge of the Probate Court No. 1 of El Paso County, Texas from presiding over the underlying case.1 The petition for writ of mandamus is denied.

To be entitled to mandamus relief, a relator generally 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 136. Based on the record before us, we conclude that Relator has failed to establish she is entitled to mandamus relief. Accordingly, we deny the motion for emergency relief and the petition for writ of mandamus.

FOOTNOTES

1.   The underlying case is styled In the Matter of the Estate of Joyce Lain, Deceased (cause number 2015CPR01018).

ANN CRAWFORD McCLURE, Chief Justice

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