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IN RE ODYSSEY HEALTHCARE, INC.

No. 08-09-00174-CV.

310 S.W.3d 464 (2010)

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

Court of Appeals of Texas, El Paso.

August 12, 2009.

Attorney(s) appearing for the Case

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

ANN CRAWFORD McCLURE, Justice.

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)....

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