Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-13-00268-CV
IN RE FIDELITY NATIONAL TITLE INSURANCE CO.
Original Proceeding 1
PER CURIAM
Sitting: Sandee Bryan Marion, Justice
Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
Delivered and Filed: May 8, 2013
PETITION FOR WRIT OF MANDAMUS DENIED
On April 29, 2013, Relator Fidelity National Title Insurance Co. filed a petition for writ
of mandamus, complaining of the trial court’s April 29, 2013 Order Denying Plaintiff’s Motion
to Compel. For the following reasons, the petition for writ of mandamus is denied without
prejudice.
First, mandamus relief is only available if the relator establishes both the trial court
abused its discretion and relator lacks an adequate remedy by appeal. See In re Prudential Ins.
Co. of Am., 148 S.W.3d 124, 125 (Tex. 2004) (orig. proceeding). Relator fails to address why it
lacks an adequate remedy by appeal.
1
This proceeding arises out of Cause No. 2012-CI-05517, styled Fidelity National Title Insurance Co. v. Andrew M.
Parker, pending in the 224th Judicial District Court, Bexar County, Texas, the Honorable Cathy Stryker presiding.
However, the order complained of was signed by the Honorable Peter Sakai, presiding judge of the 225th Judicial
District Court, Bexar County, Texas.
04-13-00268-CV
In addition, Relator’s petition fails to comply with numerous requirements outlined in
Texas Rule of Appellate Procedure 52. See TEX. R. APP. P. 52.3(g) (“[e]very statement of fact in
the petition must be supported by citation to competent evidence included in the appendix or
record”); TEX. R. APP. P. 52.3(j) (“[t]he person filing the petition must certify that he or she has
reviewed the petition and concluded that every factual statement in the petition is supported by
competent evidence included in the appendix or record”); TEX. R. APP. P. 52.7(a)(2) (relator must
file with the petition “a properly authenticated transcript of any relevant testimony from any
underlying proceeding, including any exhibits offered in evidence, or a statement that no
testimony was adduced in connection with the matter complained”).
Accordingly, the petition for writ of mandamus is DENIED WITHOUT PREJUDICE.
TEX. R. APP. P. 52.8(a).
PER CURIAM
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