CourtListener 10657612•In Re the Toro Company v. the State of Texas
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COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
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IN RE: No. 08-25-00005-CV
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THE TORO COMPANY, AN ORIGINAL PROCEEDING
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Relator. IN MANDAMUS
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ME MO RAN DU M O PI N I O N
Relator, the Toro Company, has filed this petition for writ of mandamus against the
Honorable Patricia Baca, Judge of the 346th District Court of El Paso County, Texas, for allegedly
failing to grant its Rule 91a motion to dismiss.
“Mandamus relief is an extraordinary remedy requiring the relator to show that (1) the trial
court clearly abused its discretion and (2) the relator lacks an adequate remedy by appeal.” In re
Kappmeyer, 668 S.W.3d 651, 654 (Tex. 2023) (orig. proceeding). After reviewing the mandamus
petition, we conclude Toro Company failed to establish it was entitled to mandamus relief.
Accordingly, we deny the petition for writ of mandamus. See Tex. R. App. P. 52.8(a).
GINA M. PALAFOX, Justice
August 18, 2025
Before Palafox, J., Soto, J., and Rodriguez, C.J. (Ret.)
Rodriguez, C.J. (Ret.) (sitting by assignment)
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